DBH v West Lindsey District Council (HB): [2021] UKUT 256 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Poynter on 13 October 2021.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 29 October 2021

• Categories: Housing and council tax benefits, Tribunal procedure and practice
• Sub-categories: Housing and council tax benefits - recovery of overpayments, Tribunal procedure and practice - tribunal practice
• Judges: Poynter, R
• Decision date: 13 October 2021

Read the full decision in CH/1041/2020.

Judicial Summary

Housing benefit—Recovery of overpayments—Whether landlord who has received direct payments of HB is automatically second respondent to an appeal by a claimant to recover an overpayment from the claimant only. NSP v Stoke-on-Trent City Council and AT (HB) [2020] UKUT 311 (AAC) distinguished.

Housing benefit—Recovery of overpayments—Whether landlord who has received direct payments of HB should be added as second respondent to an appeal by a claimant to recover an overpayment from the claimant only. NSP v Stoke-on-Trent City Council and AT (HB) [2020] UKUT 311 (AAC) followed.

Tribunal procedure and practice (including Upper tribunal)—Tribunal practice—Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008, rule 9—adding a party as a respondent.

Published 29 October 2021