Zacchaeus 2000 Trust, R (on the application of) v Secretary of State for Work and Pensions

(Transcript of the Handed Down Judgment of WordWave International Limited A Merrill Communications Company 165 Fleet Street, London EC4A 2DY Tel No: 020 7404 1400, Fax No: 020 7831 8838 Official Shorthand Writers to the Court)

ELISABETH LAING QC and CHRISTOPHER KNIGHT (instructed by Leigh Day & Co.) for the Claimant MARTIN CHAMBERLAIN (instructed by the Department for Work and Pensions/Department of Health Legal Services) for the Defendant Hearing dates: 19 and 20 December 2012 ____________________

(1) Housing benefit for private-sector tenants is calculated by reference to an "appropriate maximum housing benefit" ("AMHB"): see section 130 (1) and (3) of the Social Security Contributions and Benefits Act 1992 ("the 1992 Act"). The amount of benefit payable is the lower of the actual rent paid by the claimant and the AMHB.

(2) Section 130A of the 1992 Act provides for AMHB to be determined by regulations, which may provide for it to be ascertained "by reference to rent officer determinations": see sub-sections (2) and (3).

(3) The relevant regulations � most recently the Rent Officers (Housing Benefit Functions) Order 1997 ("the 1997 Order") � provide for rent officers to determine, for each "broad rental market area" ("BRMA"), a "local housing allowance" ("LHA") for each of a series of categories of dwellings, defined by the number of bedrooms: see article 4B.