CLO v Bolsover District Council & Anor

CLO v Bolsover District Council & Anor

From 31 October 2014, CLO became an owner of the property within the meaning of the regulations, making her ineligible for housing benefit; any payments to her daughter and son-in-law were not rent but compensation for exclusion from occupation, and the overpayment was recoverable as it was not caused by official error.

Parties
Appellant: CLO; 1st Respondent: Bolsover District Council; 2nd Respondent: Secretary of State for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
27 April 2026
Procedural Posture
Appeal / Upper Tribunal Decision on Error of Law and Remaking
Outcome
Appeal dismissed; First-tier Tribunal decision set aside and remade; overpayment recoverable from appellant.
Legal Topics
Housing Benefit, Overpayment Recovery, Shared Ownership Tenancy, Tenants in Common, Official Error, Tribunal Procedure
Social Security Law Housing Law Housing Benefit Overpayment Recovery Shared Ownership Tenancy Tenants in Common Official Error Tribunal Procedure

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Parties

CLO

Appellant

Bolsover District Council

1st Respondent

Secretary of State for Work and Pensions

2nd Respondent

Procedural Posture

Appeal / Upper Tribunal Decision on Error of Law and Remaking

Legal Issues

  1. 1 Whether the appellant was an 'owner' under the Housing Benefit (persons who have attained the qualifying age for state pension credit) Regulations 2006 from 31 October 2014
  2. 2 Whether payments made by one tenant in common to another constitute rent for housing benefit purposes
  3. 3 Whether the First-tier Tribunal made a material error of law in its decision and reasoning

Ratio Decidendi

From 31 October 2014, CLO became an owner of the property within the meaning of the regulations, making her ineligible for housing benefit; any payments to her daughter and son-in-law were not rent but compensation for exclusion from occupation, and the overpayment was recoverable as it was not caused by official error.

Court Disposition

Appeal dismissed; First-tier Tribunal decision set aside and remade; overpayment recoverable from appellant.

Orders

  • The decision of the First-tier Tribunal is set aside.
  • The appeal is refused.