PR v Secretary of State for Work and Pensions & Anor

PR v Secretary of State for Work and Pensions & Anor

The appellant was not entitled to backdated housing benefit from 16 January 2019 because regulation 83(12)/(12A) of the Housing Benefit Regulations 2006 only permits backdating by one month, and regulation 83(5)(a) did not apply as there was no new claim for ESA, only a revision. The October 2018 form was not a valid claim for housing benefit. The First-tier Tribunal made no error of law in its decision.

Parties
Appellant: P. R.; 1st Respondent: Secretary of State for Work and Pensions; 2nd Respondent: Allerdale Borough Council
Jurisdiction
England and Wales
Judgment Date
30 January 2023
Procedural Posture
Appeal From First Tier Tribunal (social Entitlement Chamber) to Upper Tribunal (administrative Appeals Chamber) / Final Judgment on Appeal
Outcome
Appeal dismissed; First-tier Tribunal decision upheld; no error of law found.
Legal Topics
Housing Benefit, Universal Credit, Severe Disability Premium, Backdating of Benefits, Transitional Provisions
Social Security Law Administrative Law Housing Benefit Universal Credit Severe Disability Premium Backdating of Benefits Transitional Provisions

Case Brief

Summary, issues, holding and outcome

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Parties

P. R.

Appellant

Secretary of State for Work and Pensions

1st Respondent

Allerdale Borough Council

2nd Respondent

Procedural Posture

Appeal From First Tier Tribunal (social Entitlement Chamber) to Upper Tribunal (administrative Appeals Chamber) / Final Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant was entitled to backdated housing benefit from the date the Severe Disability Gateway opened (16 January 2019) due to retrospective entitlement to the severe disability premium in ESA.
  2. 2 Whether regulation 83(5)(a) or regulation 83(12)/(12A) of the Housing Benefit Regulations 2006 permitted such backdating.
  3. 3 Whether there was an outstanding undecided claim for housing benefit from October 2018.

Ratio Decidendi

The appellant was not entitled to backdated housing benefit from 16 January 2019 because regulation 83(12)/(12A) of the Housing Benefit Regulations 2006 only permits backdating by one month, and regulation 83(5)(a) did not apply as there was no new claim for ESA, only a revision. The October 2018 form was not a valid claim for housing benefit. The First-tier Tribunal made no error of law in its decision.

Court Disposition

Appeal dismissed; First-tier Tribunal decision upheld; no error of law found.