LC v Bournemouth Borough Council (HB)

LC v Bournemouth Borough Council (HB)

The First-tier Tribunal erred in law by failing to determine the date on which the capital from the sale of the matrimonial home could be expected to be acquired by the claimant's partner under Regulation 49(2). The local authority's decision to treat the claimant as having capital in excess of £16,000 from 17 December 2012 was premature. There was no legal basis for the overpayment decision as the entitlement decision was flawed.

Parties
Claimant/appellant: LC; Respondent/local Authority: Bournemouth Borough Council
Jurisdiction
England and Wales
Judgment Date
08 April 2016
Procedural Posture
Administrative Appeal (housing Benefit and Council Tax Benefit) / Upper Tribunal Appeal From First Tier Tribunal
Outcome
Appeal allowed; First-tier Tribunal decision set aside; local authority's entitlement and overpayment decisions set aside; earlier award reinstated.
Legal Topics
Housing Benefit, Council Tax Benefit, Means Tested Benefits, Notional Capital, Matrimonial Property, Overpayment Recovery
Social Security Law Administrative Law Housing Benefit Council Tax Benefit Means Tested Benefits Notional Capital Matrimonial Property Overpayment Recovery

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Parties

LC

Claimant/appellant

Bournemouth Borough Council

Respondent/local Authority

Procedural Posture

Administrative Appeal (housing Benefit and Council Tax Benefit) / Upper Tribunal Appeal From First Tier Tribunal

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in law in upholding the local authority's decision that the claimant had capital in excess of £16,000 and was not entitled to housing benefit and council tax benefit from 17 December 2012
  2. 2 Whether the proceeds of sale of a matrimonial home held by solicitors pending dispute resolution constitute capital available to the claimant's partner under the Housing Benefit Regulations 2006
  3. 3 Whether the local authority's overpayment decision was lawful

Ratio Decidendi

The First-tier Tribunal erred in law by failing to determine the date on which the capital from the sale of the matrimonial home could be expected to be acquired by the claimant's partner under Regulation 49(2). The local authority's decision to treat the claimant as having capital in excess of £16,000 from 17 December 2012 was premature. There was no legal basis for the overpayment decision as the entitlement decision was flawed.

Court Disposition

Appeal allowed; First-tier Tribunal decision set aside; local authority's entitlement and overpayment decisions set aside; earlier award reinstated.

Orders

  • The decision of the tribunal of 12 May 2014 is set aside.
  • The decision of 13 March 2013 (no entitlement to benefit from 17 December 2012) is set aside.