Novitskaya v London Borough of Brent & Anor
A statement that reasonably indicates a claim for housing benefit, even if not explicitly named, constitutes a defective claim under regulation 72, and defects can be cured by subsequent submission of a completed form within the prescribed period.
- Parties
- Appellant: Irina Novitskaya; 1st Respondent: The London Borough of Brent; 2nd Respondent/interested Party: Secretary of State for Work and Pensions
- Jurisdiction
- England and Wales
- Judgment Date
- 01 December 2009
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeal allowed
- Legal Topics
- Housing Benefit Claims, Defective Claims, Interpretation of Social Security Regulations
Case Brief
Summary, issues, holding and outcome
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Parties
Irina Novitskaya
Appellant
The London Borough of Brent
1st Respondent
Secretary of State for Work and Pensions
2nd Respondent/interested Party
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether a claim for housing benefit requires explicit wording identifying the benefit
- 2 Whether the 10 June statement constituted a defective claim under the Housing Benefit (General) Regulations 1987
- 3 Whether defects in a claim can be cured by subsequent submission of a completed form
Ratio Decidendi
A statement that reasonably indicates a claim for housing benefit, even if not explicitly named, constitutes a defective claim under regulation 72, and defects can be cured by subsequent submission of a completed form within the prescribed period.
Court Disposition
Appeal allowed
Orders
- Counsel to draw up a minute of order
Full Case Text
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