10 September 2009
R (on the application of S) v A Social Security Commissioner [2009] EWHC 2221 (Admin), [2009] All ER (D) 16 (Sep)
The phrase “on behalf of” in para 4(10) of Sch 3 to the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (SI 2006/217) should be construed narrowly as meaning “in its place” or “instead of”.
The words “that body” in para 4 of Sch 3 to the regulations referred to the landlord. The primary focus had to be on whether the second organisation (the care provider) was providing CSS which “that body” would otherwise be providing to the claimant. The statutory wording pointed to an interpretation of the phrase “on its behalf” which focussed on the provision of services by one body in place of another
