Waltham Forest LBC v PO (HB)
| Jurisdiction | UK Non-devolved |
| Judge | Judge Ovey |
| Neutral Citation | [2022] UKUT 58 (AAC) |
| Subject Matter | Housing,council tax benefits - other,Ovey,E |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Published date | 07 March 2022 |
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NCN: [2022] UKUT 58 (AAC)
IN THE UPPER TRIBUNAL Appeal No. CH/1970/2019
ADMINISTRATIVE APPEALS CHAMBER
On appeal from the First-tier Tribunal (Social Entitlement Chamber)
Between: LONDON BOROUGH OF WALTHAM FOREST Appellant
- v –
PO Respondent
Before: Upper Tribunal Judge Ovey
Hearing date: 10th May 2021
Decision date: 25th June 2021
Representation:
Appellant: Mr. Paul Stagg
Respondent: Mr. Desmond Rutledge
DECISION
The decision of the Upper Tribunal is to allow the appeal. The decision of the
First-tier Tribunal made on 12th March 2019 was made in error of law. Under section
12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007 I set that
decision aside and remit the case to be reconsidered by a fresh tribunal in
accordance with the following directions.
Directions generally
1. This case is remitted to the First-tier Tribunal for reconsideration at an
oral hearing.
2. The new tribunal hearing the case should not include the members of the
previous tribunal.
Directions to the new tribunal
3. The issues for consideration (subject to any additional issues which may
be raised by the parties prior to the hearing of the appeal) are as follows:
Waltham Forest LBC v PO [2022] UKUT 58 (AAC)
CH/1970/2019
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(1) Whether the appropriate deduction applicable to the Respondent’s
housing benefit pursuant to regulation B13 of the Housing
Benefits Regulations 2006 was 25%:
(a) for any part of the period between 1st April 2013 and 8th
August 2018 (“the period of the alleged overpayment”); and
(b) from 9th August 2018 onwards.
(2) Whether any non-dependant deductions are applicable to the
Respondent’s housing benefit during any part of the period of the
alleged overpayment.
(3) Whether any resulting overpayment is recoverable from the
Respondent.
4. In considering the first issue, the tribunal must approach it in the
following manner:
(1) The tribunal must ascertain the dates on which each young
woman placed with the Respondent was resident in the
Respondent’s home.
(2) The tribunal must ascertain the dates of birth of each of those
young women.
(3) The tribunal must ascertain the periods for which a 14% or 25%
deduction is appropriate, applying the rules below.
(4) For all periods during which one of those young women was living
with the Respondent (regardless of whether that young woman
had reached the age of 18), the Respondent is entitled to an
additional bedroom for that young woman and so the relevant
deduction under regulation B13 is only 14%.
(5) For all periods during which there was no placement with the
Respondent, subject to (6) below, a 25% deduction is applicable
from the earliest of the following three dates until the date on
which the next placement commenced:
(a) 52 weeks from the date on which the young woman
previously placed with the Respondent moved out;
(b) 52 weeks from the date on which the young woman
previously placed with the Respondent ceased to be a
“qualifying young person” within the meaning of
regulations 2 and 19 of the 2006 Regulations, section 142 of
the Social Security Contributions and Benefits Act 1992 and
regulations 2 to 8 of the Child Benefit (General) Regulations
2006; and
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