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R (on the application of S (BY HIS LITIGATION FRIEND THE OFFICIAL SOLICITOR)) (Claimant) v SOCIAL SECURITY COMMISSIONER (Defendant) & (1) SECRETARY OF STATE FOR WORK & PENSIONS (2) WALSALL METROPOLITA

Where a community care organisation provided care, support or supervision to a recipient of housing benefit by agreement with the local authority, that care was not provided "on behalf of" the recipient's social landlord and the accommodation was therefore not exempt accommodation within the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 Sch.3 para.4(10).

15 September 2009

The claimant (S) applied for judicial review of a decision relating to his entitlement to housing benefit. S suffered from a mild learning disability and was unable to live in the community without constant care, support or supervision. He had lived in a hostel run by social services but was then accommodated in supported housing. The accommodation was provided by a housing association (R) and S became an assured tenant. The necessary support was commissioned and funded by the local authority and provided by a community care organisation (L), which had contracts with R and with the local authority. The local authority paid the whole of S's rent as housing benefit on the basis that the premises were exempt accommodation within the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 Sch.3 para.4(10), since the accommodation was provided by a housing association and that body or a body acting on its behalf also provided the claimant with care, support or...

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