Godwin v Rossendale Borough Council [2002] EWCA Civ 726 (3 May 2002)

Godwin v Rossendale Borough Council [2002] EWCA Civ 726 (3 May 2002)

The Council substantially complied with statutory procedures for recovery of overpaid housing benefit; any procedural defects did not cause significant prejudice to the appellant, and the set-off against sums due for another tenant was lawful.

Citation
[2002] EWCA Civ 726
Parties
Claimant/appellant: Ryan John Godwin; Defendant/respondent: Rossendale Borough Council
Jurisdiction
England and Wales
Judgment Date
03 May 2002
Procedural Posture
Civil Appeal / Appeal From Manchester County Court Decision Dismissing Claim
Outcome
Appeal dismissed
Legal Topics
Housing Benefit Overpayment, Statutory Procedure Compliance, Set Off in Benefit Recovery, Natural Justice in Administrative Hearings
Administrative Law Social Security Law Civil Procedure Housing Benefit Overpayment Statutory Procedure Compliance Set Off in Benefit Recovery Natural Justice in Administrative Hearings

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Parties

Ryan John Godwin

Claimant/appellant

Rossendale Borough Council

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Manchester County Court Decision Dismissing Claim

Legal Issues

  1. 1 Whether the Council followed the statutory procedure in recovering overpaid housing benefit from the landlord
  2. 2 Whether procedural defects caused significant prejudice to the appellant
  3. 3 Whether the Council could lawfully set off overpaid benefit against sums due for other tenants

Ratio Decidendi

The Council substantially complied with statutory procedures for recovery of overpaid housing benefit; any procedural defects did not cause significant prejudice to the appellant, and the set-off against sums due for another tenant was lawful.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs subject to detailed assessment