The London Borough of Waltham Forest v CA
[2024] UKUT 39 (AAC)
DG (by his appointee JG) v Bromley London Borough Council
26 May 2023
[2024] UKUT 49 (AAC)
Upper Tribunal
Someone got too much housing benefit because they didn't tell the council how long they were in the hospital. Even though the council made a mistake by not asking more questions, the person who didn't tell the whole story also contributed to the problem, so they have to pay the money back.
Key Facts
- •The appellant (DG), suffering from hyperphrenic schizophrenia and autism, received an overpayment of £11,002.15 in housing benefit.
- •His mother (JG) acted as his appointee for benefits.
- •The overpayment resulted from DG's prolonged absence from his property, which was not reported in writing to the Council.
- •JG notified the Council orally that DG was hospitalized, but did not specify the duration of his absence.
- •The Council sought recovery from both the landlord (Clarion) and DG.
- •The Tribunal found Clarion unaware of DG's absence and dismissed the claim against them.
- •The Tribunal refused the appeal against the Council's recovery from DG because notification was not in writing as required by Reg 88(1).
Legal Principles
Duty to notify changes of circumstances in writing.
Housing Benefit Regulations 2006, Reg 88(1)
Recoverability of overpayments; exceptions for official errors.
Housing Benefit Regulations 2006, Reg 100
Material fact is a fact that would affect the decision.
NSP v Stoke-on-Trent CC & GP (HB) [2022] UKUT 86 (AAC)
Official error can include failure to record or pass on information.
West Somerset District Council v JMA (HB) [2010] UKUT 190 (AAC)
Benefits system is a cooperative process; department must ask relevant questions.
MB v Christchurch BC (HB) [2014] UKUT 201 (AAC)
Causation for overpayment determined by the substantial cause.
R (Sier) v Cambridge City Council Housing Benefit Review Board [2001] EWCA Civ 1523
Outcomes
Appeal dismissed.
The appointee failed to disclose a material fact (duration of hospitalization), materially contributing to the overpayment. While the Council's officer made an error by not asking clarifying questions, the appointee's failure to provide full information meant there was no 'official error' under Reg 100(3).