Sier, R (on the application of) v Cambridge City Council Benefit Review Board [2001] EWCA Civ 1523 (8 October 2001)

Sier, R (on the application of) v Cambridge City Council Benefit Review Board [2001] EWCA Civ 1523 (8 October 2001)

The overpayment was not caused by official error but by the appellant's failure to notify the Cambridge City Council of a relevant change in circumstances, as required by regulation. The administrative failure to send a notification form did not cause the overpayment; thus, the appellant is not relieved from the obligation to repay under the regulations.

Citation
[2001] EWCA Civ 1523
Parties
Claimant/appellant: The Queen on the application of Stephen Sier; Defendant/respondent: The Housing Benefit Review Board of Cambridge City Council
Jurisdiction
England and Wales
Judgment Date
08 October 2001
Procedural Posture
Judicial Review Appeal / Court of Appeal (civil Division) Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Housing Benefit Overpayment, Official Error, Recovery of Benefits, Causation in Administrative Decisions
Administrative Law Social Security Law Housing Benefit Overpayment Official Error Recovery of Benefits Causation in Administrative Decisions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The Queen on the application of Stephen Sier

Claimant/appellant

The Housing Benefit Review Board of Cambridge City Council

Defendant/respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division) Appeal From High Court

Legal Issues

  1. 1 Whether overpayment of housing benefit was caused by official error under Regulation 99(2) of the Housing Benefit (General) Regulations 1987
  2. 2 Whether the appellant's failure to notify a change of circumstances precludes relief from repayment

Ratio Decidendi

The overpayment was not caused by official error but by the appellant's failure to notify the Cambridge City Council of a relevant change in circumstances, as required by regulation. The administrative failure to send a notification form did not cause the overpayment; thus, the appellant is not relieved from the obligation to repay under the regulations.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay respondent's costs, amount to be determined by a costs judge
  • Appellant's costs to be subject to detailed assessment