RW (deceased) v London Borough of Haringey & Anor

RW (deceased) v London Borough of Haringey & Anor

The First-tier Tribunal did not err in law by calculating the overpayment based on gross entitlement rather than net payments after deductions for previous overpayments. The statutory definition of overpayment is broad and includes all amounts paid by way of housing benefit, not just those paid directly to the claimant. There was no double recovery of the previous overpayment.

Parties
Appellant: R. W. (deceased) by D. W.; 1st Respondent: London Borough of Haringey; 2nd Respondent: Stroud Green Housing Co-operative Ltd
Jurisdiction
England and Wales
Judgment Date
13 November 2025
Procedural Posture
Appeal / Upper Tribunal Decision on Appeal From First Tier Tribunal
Outcome
Appeal dismissed
Legal Topics
Housing Benefit Overpayment, Retrospective Rent Reduction, Calculation of Overpayments, Tribunal Procedure
Social Security Law Housing Law Housing Benefit Overpayment Retrospective Rent Reduction Calculation of Overpayments Tribunal Procedure

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Parties

R. W. (deceased) by D. W.

Appellant

London Borough of Haringey

1st Respondent

Stroud Green Housing Co-operative Ltd

2nd Respondent

Procedural Posture

Appeal / Upper Tribunal Decision on Appeal From First Tier Tribunal

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in law in its calculation of housing benefit overpayment following a retrospective rent reduction
  2. 2 Whether overpayment should be calculated on gross or net entitlement after deductions for previous overpayments

Ratio Decidendi

The First-tier Tribunal did not err in law by calculating the overpayment based on gross entitlement rather than net payments after deductions for previous overpayments. The statutory definition of overpayment is broad and includes all amounts paid by way of housing benefit, not just those paid directly to the claimant. There was no double recovery of the previous overpayment.

Court Disposition

Appeal dismissed

Orders

  • The decision of the First-tier Tribunal on 1 September 2023 stands.
  • The appeal is refused.