Source: All England Reporter
Publisher Citation: [2012] All ER (D) 69 (Feb)
Neutral Citation: [2012] EWCA Civ 84
Court: Court of Appeal, Civil Division
Judge: Lord Justice Maurice Kay, Lord Justice Hughes and Lord Justice Lewison
Representation Jan Luba QC and Desmond Rutledge (instructed by Lewis Silkin LLP) for the claimant.
  Jenni Richards QC and Josephine Norris (instructed by Weightmans LLP) for the authority.
Judgment Dates: 9 February 2012

Catchwords

Social security - Housing benefit - Assessment - Claimant landlord assisting tenants appealing against defendant local authority's decisions on housing benefit - Claimant claiming independent right of appeal against local authority's decisions - First-tier Tribunal (Administrative Appeals Chamber) dismissing claim - Claimant appealing - Upper Tribunal (Administrative Appeals Chamber) holding claimant having independent right of appeal against local authority's decisions - Local authority appealing - Whether Upper Tribunal erring - Housing Benefit and Council Tax (Decisions and Appeals) Regulations 2001 .

The Case

Social security Housing benefit. The Court of Appeal, Civil Division, in allowing the defendant local authority's appeal against the decision of the Upper Tribunal (Administrative Appeals Chamber) that the claimant landlord company had an independent right of appeal against its decisions on matters relating to housing benefits, held that no such right of appeal could be read into the relevant legislation and Regulations.

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