Supreme Court to rule on ability of tribunals to calculate entitlement to housing benefit without deducting for under-occupancy
The Supreme Court will next week hand down a ruling on whether statutory authorities, including the First-tier Tribunal and Upper Tribunal, have the power or duty to calculate entitlement to housing benefit without making deductions for under-occupancy, so as not to violate a claimant’s rights under the European Convention on Human Rights.
If so, the judges will also decide in RR (Appellant) v Secretary of State for Work and Pensions (Respondent) – UKSC 2018/0224 the extent to which the payment of discretionary housing payments are relevant to the task of the statutory authorities in calculating entitlement.
The background to the case is that the appellant, RR, lives with his severely disabled partner in social sector rented accommodation with two bedrooms.
On 5 March 2013 Sefton Borough Council decided that RR and his partner were under-occupying the accommodation and reduced his entitlement to housing benefit by 14% pursuant to Regulation 13B of the Housing Benefit Regulations 2006.
RR appealed. The First-tier Tribunal held that RR required a second bedroom because of his partner’s disabilities and her need to accommodate medical equipment and supplies.
The Upper Tribunal allowed the Secretary of State’s appeal.
The question arises in the Supreme Court as to what powers the tribunals have to interpret or disapply secondary legislation following the decision of the Court of Appeal in Carmichael v Secretary of State for Work and Pensions [2018] 1 WLR 3429.
The case was heard by Lady Hale, Lord Reed, Lady Black, Lord Briggs and Lady Arden on 3 July this year. Judgment will be handed down on Wednesday, 13 November.
