DG (by his appointee JG) v Bromley London Borough Council
[2024] UKUT 49 (AAC)
The London Borough of Waltham Forest v CA
17 January 2024
[2024] UKUT 39 (AAC)
Upper Tribunal
Someone got overpaid housing benefit. The first court wrongly said it didn't need to be repaid. The higher court said the first court made a mistake and needs to look at each instance of the change of circumstance individually to decide if it needs repaying. The higher court also clarified that Universal Credit doesn't count as a type of benefit that would stop overpayment being clawed back.
Key Facts
- •Housing benefit overpayment of £1828.20 to CA for the period 27th January 2020 to 23rd March 2020.
- •CA commenced employment on 13th January 2020 but did not immediately report this.
- •Local authority claimed overpayment was recoverable.
- •First-tier Tribunal (FTT) allowed CA's appeal, finding the overpayment was not recoverable.
- •Upper Tribunal (UT) found the FTT erred in law by considering notification as a single event and failing to make sufficient findings of fact for each change in circumstances.
- •CA received both Universal Credit (UC) and Housing Benefit (HB).
- •The UT considered whether UC is a qualifying income-based benefit under the Housing Benefit Regulations 2006 and concluded it was not.
Legal Principles
Recoverability of housing benefit overpayments: Generally recoverable unless caused by official error to which the claimant did not contribute and the claimant could not reasonably have been expected to realise it was an overpayment.
Regulation 100, Housing Benefit Regulations 2006
Duty to notify changes of circumstances: Claimant must notify any change of circumstances that might affect their entitlement to housing benefit.
Regulation 88, Housing Benefit Regulations 2006
Official error: If a claimant has not complied with their duty to disclose, they cannot assert official error on the part of the local authority.
R(Sier) v Cambridge CC HBRB [2001] EWHC Admin 160
Overpayments should be considered separately as a series of payments, considering the claimant's knowledge of overpayments over time.
Calderdale Council (HB) [2016] UKUT 396 (AAC)
Statutory interpretation: Words should be given their ordinary natural meaning.
R on the application of O (a minor, by her litigation friend AO) v SSHD [2022] UKSC 3
Outcomes
The Upper Tribunal set aside the First-tier Tribunal's decision.
The FTT made an error of law by failing to consider each change of circumstances separately and make sufficient findings of fact.
The appeal was remitted to a differently constituted First-tier Tribunal for re-determination.
Further findings of fact were required regarding the duty to notify changes in circumstances, official error, and the claimant's contribution to any error.