CIS_220_1994
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You are here: BAILII >> Databases >> UK Social Security and Child Support Commissioners' Decisions >> [1994] UKSSCSC CIS_220_1994 (09 November 1994) URL: http://www.bailii.org/uk/cases/UKSSCSC/1994/CIS_220_1994.html Cite as: [1994] UKSSCSC CIS_220_1994 |
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[1994] UKSSCSC CIS_220_1994 (09 November 1994)
R(IS) 14/95
Mr. M. Rowland CIS/220/1994
9.11.94
Direct payment of rent to landlord - claimant contending that there were no arrears - whether tribunal required to determine whether there were arrears
The claimant was a tenant of local authority property. In 1990 the council commenced possession proceedings against him in the County Court alleging substantial rent arrears. He denied any arrears and counter claimed for disrepair. The case was adjourned and the council made no attempt to bring it forward again. In 1992 the council wrote to the Department of Social Security asking for direct payments from his income support. The adjudication officer decided that this should be done. The claimant appealed to a social security appeal tribunal, contending that he was not in rent arrears. The only evidence before the tribunal was the council's letter requesting direct payment. The tribunal rejected the appeal and the claimant appealed to a social security Commissioner
Held that:
- before any decision can be made under paragraph 5 of Schedule 9 to the Claim and Payments Regulations 1987, the adjudicating authorities are required to satisfy themselves that there are in fact rent arrears. In a routine case, a simple statement to that effect from the landlord would be sufficient, but where the claimant disputes the matter, a more detailed investigation is required (paras. 6 and 7);
- in deciding the amount of arrears, the adjudicating authorities should not offset the amount of any counterclaim. However, in exercising the discretion under paragraph 5(6) of Schedule 9 whether to make deductions for outstanding arrears, the existence of an arguable counterclaim is a factor that can legitimately be taken into account (para. 9).
The Commissioner allowed the appeal.
DECISION OF THE SOCIAL SECURITY COMMISSIONER
"(1) Subject to paragraph 8, this paragraph applies to a beneficiary if-
(a) he has been awarded the specified benefit; and
(b) he or his partner is entitled to housing benefit in the form of a rent rebate or allowance; and
(c) he or his partner has arrears of rent which equal or exceed four times the full weekly rent payable and-
(i) there are arrears of rent in respect of at least 8 weeks and the landlord has requested the Secretary of State to make payments in accordance with this paragraph; or
(ii) there are arrears of rent in respect of less than 8 weeks and in the opinion of the adjudicating authority it is in the overriding interests of the family that payments shall be made in accordance with this paragraph.
....
(3) Subject to sub-paragraph (4), the adjudicating authority shall determine that a weekly amount of the specified benefit awarded to the beneficiary shall be paid to his or his partner's landlord if-
(a) he or his partner is entitled to housing benefit and in calculating that benefit a deduction is made under regulation 10(3) of the Housing Benefit Regulations in respect of either or both of water charges or service charges for fuel; and
(b) the amount of the beneficiary's award is not less than the amount of the deduction and the amount to be paid shall be equal to the amount of the deduction.
....
(6) In a case to which sub-paragraph (1) applies the adjudicating authority may determine that a weekly amount of the specified benefit awarded to that beneficiary equal to 5 per cent of the personal allowance for a single claimant aged not less than 25 shall be paid to his landlord until the debt is discharged.
...."
£1.72 per week was deducted under paragraph 5(3) in respect of water charges and £2.15 per week was deducted under paragraph 5(6) in respect of arrears of rent.
"5. STATEMENT OF FACTS
- 1 [The claimant] is a single man aged 59 who lives alone in local authority accommodation. His only income is income support and he has no savings.
- 2 A letter was received at Southwark District Office from Southwark Council (see pg.1) requesting that direct payments be made from [the claimant's] income support.
The amount owed for rent arrears was £761.53. [The claimant] receives assistance with his rent in the form of housing benefit, but he is still required to pay £1.72 weekly for water rates.
- 3 On 16 November 1992 the adjudication officer determined that deductions should be implemented from 30 November 1992 at the rate of £2.15 for rent arrears and £1.72 for water rate.
- 4 [The claimant's] letter of appeal was received in the District on 23 November 1992. He is appealing because, he says, he does not owe Southwark Council any money."
Under the heading "Findings of tribunal on questions of fact material to decision" the tribunal also recorded:
"[The claimant] states that he does not owe Southwark Council any arrears. He is waiting for a court case to determine whether or not this is so. He produces a rent book showing he is now paying £1.85 from April-September, the correct sum."
The only additional reason the tribunal gave for their decision was:
"This is because the adjudication officer has determined that at the request of the Southwark Borough Council in respect of water rates and rent arrears, deductions of £3.87 per week should be made.
Regulation 35 of Social Security (Claims and Payments) Regulations 1987 and Schedule 9 to the Social Security (Claims and Payments) Regulations."
The claimant now appeals against the tribunal's decision with the leave of the tribunal chairman.
Date: 9 November 1994 (signed) Mr. M. Rowland Commissioner