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England and Wales Case Law

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Social security law

CLO v Bolsover District Council & Anor

The Upper Tribunal held that the appellant became an owner of the property from 31 October 2014, so housing benefit stopped and the overpayment was recoverable.

  • Housing benefit
  • Overpayment recovery
  • Shared ownership tenancy
  • Tenants in common
  • Official error
  • Tribunal procedure
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Social security law

FYE v Middlesbrough City Council

The Upper Tribunal upheld findings that housing liabilities were contrived to take advantage of the housing benefit scheme, finding no material error of law.

  • Housing benefit
  • Council tax benefit
  • Contrivance
  • Supported accommodation
  • Exempt accommodation
  • Administrative law
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Social security law

GW v Dumfries and Galloway Council & Anor

The Upper Tribunal dismissed a housing benefit appeal challenging the requirement to receive a specified disability benefit to qualify for a second bedroom.

  • Housing benefit
  • Disability discrimination
  • Article 14 echr
  • Bedroom tax
  • Discretionary housing payments
  • Housing-benefit
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Social security

Luton Borough Council v CM (HB)

The Upper Tribunal refused to admit Luton Borough Council’s late permission-to-appeal application, refused an extension of time, and would have refused permission anyway.

  • Housing benefit
  • Recovery of overpayments
  • Tribunal procedure
  • Leave/permission to appeal
  • Official error
  • Housing-benefit
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Social security law

The Secretary of State for Work and Pensions v SC

The Upper Tribunal held that closed period supersession cannot preserve UC or Housing Benefit once entitlement has already ended at the decision date.

  • Universal credit
  • Housing benefit
  • Supersession of benefit decisions
  • Closed period supersession
  • Change of circumstances
  • Abuse of power
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Administrative law

DP v The London Borough of Lambeth

Court of Appeal allowed a second appeal in a housing benefit case, holding that a material mistake of fact about the appellant’s capacity caused procedural unfairness.

  • Housing benefit
  • Capacity to litigate
  • Procedural fairness
  • Mistake of fact
  • Tribunal case management
  • Litigation friend
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Social security law

ZA v London Borough of Barnet

The Upper Tribunal set aside a First-tier Tribunal housing benefit decision for legal error and remitted the case for rehearing before a fresh tribunal.

  • Housing benefit
  • Capital assessment
  • Notional capital
  • Tribunal procedure
  • Housing-benefit
  • Capital-assessment
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Social security law

Ipswich Borough Council v TD & Anor

The Upper Tribunal held that a nil Universal Credit award does not amount to entitlement for housing benefit passporting, set aside the FTT decision, and remitted the case.

  • Universal credit
  • Housing benefit
  • Overpayment recovery
  • Entitlement conditions
  • Passporting benefits
  • Universal-credit
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Social security

Secretary of State for Work and Pensions v PL

The Upper Tribunal allowed the Secretary of State’s appeal, holding the First-tier Tribunal erred by directing a Universal Credit claim to be treated as an ESA claim.

  • Universal credit
  • Severe disability premium
  • Employment and support allowance
  • Housing benefit
  • Mandatory reconsideration
  • Tribunals, courts and enforcement act 2007
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.