CH_3240_2007
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You are here: BAILII >> Databases >> UK Social Security and Child Support Commissioners' Decisions >> [2008] UKSSCSC CH_3240_2007 (21 July 2008) URL: http://www.bailii.org/uk/cases/UKSSCSC/2008/CH_3240_2007.html Cite as: [2008] UKSSCSC CH_3240_2007 |
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[2008] UKSSCSC CH_3240_2007 (21 July 2008)
I SET ASIDE the decision of the Fox Court appeal tribunal, held on 20 December 2006 under reference 160/06/01307, because it is erroneous in point of law.
I REMIT the case to a differently constituted appeal tribunal and DIRECT that tribunal to conduct a complete rehearing of the issues that are raised by the appeal and, subject to the tribunal's discretion under paragraph 6(9)(a) of Schedule 7 to the 2000 Act, any other issues that merit consideration.
The issue and how it arises
The law and its application in this case
'(1) Except where regulations otherwise provide, any amount of housing benefit determined in accordance with regulations to have been paid in excess of entitlement may be recovered either by the Secretary of State or by the authority which paid the benefit.
'(2) Regulations may require such an authority to recover such an amount in such circumstances as may be prescribed.'
'"overpayment" means any amount which has been paid by way of housing benefit and to which there was no entitlement under these Regulations (whether on the initial decision as subsequently revised or superseded or further revised or superseded) and includes any amount paid on account under regulation 93 (payment on account of a rent allowance) which is in excess of the entitlement to housing benefit as subsequently decided.'
'(1) Any overpayment, except one to which paragraph (2) applies, shall be recoverable.
'(2) Subject to paragraph (4) this paragraph applies to an overpayment which arose in consequence of an official error where the claimant or a person acting on his behalf or any other person to whom payment is made could not, at the time of receipt of the payment or of any notice relating to that payment, reasonably have been expected to realise that it was an overpayment.
'(3) In paragraph (2), "overpayment which arose in consequence of an official error" means an overpayment caused by a mistake made whether in the form of an act or omission by-
(a) the relevant authority;
(b) an officer or person acting for that authority;
(c) an officer of-
(i) the Department for Work and Pensions; or
(ii) Revenue and Customs
acting as such; or
(d) a person providing services to the Department for Work and Pensions or to the Commissioners for Her Majesty's Revenue and Customs,
where the claimant, a person acting on his behalf or any other person to whom the payment is made, did not cause or materially contribute to that mistake, act or omission.
'(4) Where in consequence of an official error, a person has been awarded a rent rebate to which he was not entitled or which exceeded the benefit to which he was entitled, upon the award being revised or superseded any overpayment of benefit, which remains credited to him by the relevant authority in respect of a period after the date on which the revision or supersession took place, shall be recoverable.'
Documentation required by a tribunal
Disposal
Signed on original on 21 July 2008 |
Edward Jacobs Commissioner |