Prince, R (on the application of) v The Social Security Commissioner

Prince, R (on the application of) v The Social Security Commissioner

The test for housing benefit and council tax benefit eligibility is entitlement to Jobseeker's Allowance, not mere payment. The claimant was not entitled to JSA from the date he commenced remunerative employment, and his failure to notify the Council of this change was the cause of the overpayment. The tribunal and Commissioner's decisions were correct and unarguable.

Parties
Claimant: Roger Prince; Defendant: Social Security Commissioner; Interested Party: Secretary of State for Work & Pensions; Interested Party: London Borough of Southwark
Jurisdiction
England and Wales
Judgment Date
11 May 2009
Procedural Posture
Judicial Review / Judgment on Application for Judicial Review and Application for Permission to Appeal
Outcome
Application for judicial review refused; permission to appeal refused; no order as to costs.
Legal Topics
Judicial Review, Housing Benefit, Council Tax Benefit, Jobseeker's Allowance, Overpayment Recovery
Administrative Law Social Security Law Judicial Review Housing Benefit Council Tax Benefit Jobseeker's Allowance Overpayment Recovery

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Parties

Roger Prince

Claimant

Social Security Commissioner

Defendant

Secretary of State for Work & Pensions

Interested Party

London Borough of Southwark

Interested Party

Procedural Posture

Judicial Review / Judgment on Application for Judicial Review and Application for Permission to Appeal

Legal Issues

  1. 1 Whether entitlement or payment of Jobseeker's Allowance is the trigger for housing benefit and council tax benefit eligibility
  2. 2 Whether official error by the Department for Work & Pensions bars recovery of overpayment
  3. 3 Whether the claimant was in remunerative employment during the relevant period

Ratio Decidendi

The test for housing benefit and council tax benefit eligibility is entitlement to Jobseeker's Allowance, not mere payment. The claimant was not entitled to JSA from the date he commenced remunerative employment, and his failure to notify the Council of this change was the cause of the overpayment. The tribunal and Commissioner's decisions were correct and unarguable.

Court Disposition

Application for judicial review refused; permission to appeal refused; no order as to costs.

Orders

  • Application for judicial review refused
  • Permission to appeal refused