RW v Sheffield City Council & Anor

RW v Sheffield City Council & Anor

The First-tier Tribunal materially erred by failing to address whether the overpayment was not recoverable pursuant to regulation 100(2) and (3) due to possible official error and the appellant's inability to reasonably realise the overpayment.

Parties
Appellant: RW; First Respondent: Sheffield City Council; Second Respondent: Secretary of State for Work and Pensions (SSWP)
Jurisdiction
England and Wales
Judgment Date
13 May 2016
Procedural Posture
Appeal / Upper Tribunal Judgment Remitting to First Tier Tribunal
Outcome
Appeal allowed; First-tier Tribunal decision set aside; case remitted for fresh determination.
Legal Topics
Housing Benefit, Overpayment, Official Error, Recoverability
Social Security Administrative Law Housing Benefit Overpayment Official Error Recoverability

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 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

RW

Appellant

Sheffield City Council

First Respondent

Secretary of State for Work and Pensions (SSWP)

Second Respondent

Procedural Posture

Appeal / Upper Tribunal Judgment Remitting to First Tier Tribunal

Legal Issues

  1. 1 Whether housing benefit overpayments were recoverable from the appellant
  2. 2 Whether the overpayment arose from official error
  3. 3 Whether the appellant could reasonably have been expected to realise the overpayment

Ratio Decidendi

The First-tier Tribunal materially erred by failing to address whether the overpayment was not recoverable pursuant to regulation 100(2) and (3) due to possible official error and the appellant's inability to reasonably realise the overpayment.

Court Disposition

Appeal allowed; First-tier Tribunal decision set aside; case remitted for fresh determination.

Orders

  • Case remitted to First-tier Tribunal for reconsideration at oral hearing.
  • New tribunal members required.