Social security

Housing benefit - community elders sharing house with community members and paying whole rent on house from fund contributed by all residents - elders entitled to housing benefit in respect of entire rent liabilityR (Saxby) v Milton Keynes Council Housing Benefit Review Board: CA (Lords Justice Judge and Hale): 3 April 2001Two elders of a church occupied part of a large house and shared the rest with church community members under conditions which required all residents to make contributions towards a common purse for board and lodging costs of all residents, from which the elders were required to pay the owner regularly the rent of all residents.

The council refused the elders' claim to housing benefit in respect of sums due from the other residents.

The council's housing benefit review board held that the elders' claim for benefits was limited to payments referable to their occupation only.

On an application for judicial review brought by one of the elders the High Court quashed the board's decision.

The council appealed.Timothy Straker QC (instructed by Sharpe Pritchard for Head of Legal and Property Services, Milton Keynes Council, Milton Keynes) for the council.

James Goudie QC (instructed by Mason Bullock, Northampton) for the applicant.Held, dismissing the appeal, that since the elders' obligation to pay the rent regularly was not an arrangement of simple transmission of payments from other residents, their claim was consistent with the policy of the benefit system and the wording of section 130 of the Social Security Contributions and Benefits Act 1992 and regulation 10 of the Housing Benefit (General) Regulations 1987; and that, accordingly, the elders were entitled to claim benefits in respect of all rent payments due from the other residents.