Below is an extract from HB/CTB circular U9/2004, relating to the Tribunal of Commissioners decision - you'll note that, although they have declared HB Regulation 76(2) as null and void, the guidance is saying that it only applies from the date of the decision - 9th of September 2004 - being as the TOC said that Reg 76(2) never did give the power for LA's to not determine, and to terminate claims without appeal rights, that doesn't seem quite right?
Maybe it's me, but I thought that if a Regulation is ultra vires, then it always has been.

=====================================================================

The Primary Legislation
5 Looking first at HB reg 76(2), the ToC decided that
A “…there is no provision in the primary legislation expressly enabling the Secretary of State to make regulations providing that a local authority need not, or should not, determine a claim …”
6 HB reg 76(2) provides that
(2) An authority shall be under no duty to make a decision on a claim –
(a) where the claim has not been made in accordance with regulation 72(1) (time and manner in which claims are to be made) or treated as so made by virtue of regulation 72(8) or paragraph 1 of Schedule A1 (treatment of claims for housing benefit by refugees);
(b) where the claimant has failed to satisfy the provisions of regulation 73 or paragraph 5 of Schedule A1 (evidence and information);
(c) where the claim has been or is treated as withdrawn under regulation 74 (amendment and withdrawal of claim).
7 However, the ToC found that HB reg 76(2) was invalid, as the primary legislation does not allow for this. This means that HB reg 76(2) can no longer apply, and that in future you must give a decision on all claims, whether the claim is defective or effective.
8 Subject to Parliamentary agreement, we propose to amend the regulations to remove HB reg 76(2). The other parts of HB reg 76 will continue to apply.
9 You are reminded, however, that except for the four cases that were actually considered by the ToC, the need to give a decision on all claims will not apply before 9 September 2004 – the date of the ToC Decision, see paragraph 18(4) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000.

=====================================================================

The reference is to the 'anti test case rule'. I can't really see how it would operate in these cases with either a decision made that there is a nil entitlement but not notified to claimant or no decision made. I wonder if the lack of explanation in the guidance is significant: does it show they don't know how it would apply either and are just trying to avoid thousands of old cases being opened up?