Housing benefit - claimant claiming benefit on day tenancy starting but not going into occupation for ten days - not entitled to payment in week claim made

Secretary of State for Work and Pensions v Robinson: CA (Lords Justice Ward and Dyson and Sir Christopher Staughton): 11 February 2004

The claimant's new tenancy started on 11 March 2002 and on that date she claimed housing benefit under section 130 of the Social Security Contributions and Benefits Act 1992.

She did not go into occupation until 20 March and, in accordance with regulation 65(1) of the Housing Benefit (General) Regulations 1987, received her first payment of benefit on 25 March, being the start of the 'benefit week' following the week of her claim.

A social security commissioner upheld her appeal on the ground that the exception in regulation 65(2), which provided for payment of benefit to start the week the claim was made where a claimant 'is otherwise entitled to housing benefit and becomes liable, for the first time, to make payment in respect of the dwelling which he occupies as his home in the benefit week in which his claim is or is treated as made' applied, thus entitling her to receive benefit from 18 March.

The secretary of state appealed.

Julie Anderson (instructed by the solicitor, Department of Work and Pensions) for the secretary of state; the claimant did not appear and was not represented.

Held, allowing the appeal, that on a true construction the regulation 65(2) exception could only apply to a claimant who first became liable for paying rent in respect of his occupancy in the same week as his claim was made; and that it therefore had no application to the claimant.