Novitskya v (1) London Borough of Brent (2) Secretary of State for Work and Pensions [2009] EWCA Civ 1260

Prior to March 6, 2006, claims for housing benefit were governed by the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971). Regulation 72(1) required a claim for housing benefit to be made in writing and on a form approved for that purpose or such other form as may be accepted as sufficient in the circumstances of any particular case.

The claimant submitted a statement in which she asked for “benefits income support or whatever else I am [entitled] to, to be backdated…” The first respondent declined to award her housing benefit, as the statement did not make any express reference to housing benefit and could not be considered to be a claim. The Deputy Commissioner

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