Birmingham City Council v SS & Ors

Birmingham City Council v SS & Ors

The Upper Tribunal erred in law by considering public subsidy and landlord circumstances in the rent comparison required by regulation 13(3)(b) of the Housing Benefit Regulations 2006. The correct approach is an objective comparison of rents payable for suitable alternative accommodation in the relevant market,...

Source-derived case information.

Parties
Appellant: Birmingham City Council; Respondent: SS; Respondent: Secretary of State for Work and Pensions; Intervener: Roshni; Respondent: SA
Jurisdiction
England and Wales
Judgment Date
30 November 2016
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Housing Benefit, Regulation 13(3) Housing Benefit Regulations 2006, Eligible Rent Restriction, Supported Housing, Exempt Accommodation
Administrative Law Social Security Law Housing Benefit Regulation 13(3) Housing Benefit Regulations 2006 Eligible Rent Restriction Supported Housing Exempt Accommodation

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Parties

Birmingham City Council

Appellant

SS

Respondent

Secretary of State for Work and Pensions

Respondent

Roshni

Intervener

SA

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether regulation 13(3)(b) Housing Benefit Regulations 2006 requires consideration of public subsidy in rent comparison
  2. 2 Correct approach to comparing rents for 'exempt accommodation' under regulation 13(3)(b)
  3. 3 Scope of discretion in reducing eligible rent under regulation 13(3)

Ratio Decidendi

The Upper Tribunal erred in law by considering public subsidy and landlord circumstances in the rent comparison required by regulation 13(3)(b) of the Housing Benefit Regulations 2006. The correct approach is an objective comparison of rents payable for suitable alternative accommodation in the relevant market, without artificial adjustments for subsidy or landlord funding.

Court Disposition

Appeal allowed

Orders

  • Appeals of SA and SS remitted to the Upper Tribunal for reconsideration in accordance with the Court of Appeal's judgment