Ipswich Borough Council v TD and the Secretary of State for Work and Pensions (HB): [2024]UKUT 117 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wright on 11 April 2024

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 3 July 2024

• Categories: Housing and council tax benefits, Universal Credit
• Sub-categories: Housing and council tax benefits - recovery of overpayments, Universal Credit - Other
• Judges: Wright, S
• Decision date: 11 April 2024

Read the full decision in UA-2021-000630-HB

Judicial Summary

Judicial Summary: overpayment of housing benefit – whether claimant was ‘on universal credit’/ was entitled to universal credit when she had a nil ‘award’ of universal credit for the assessment periods concerned – sections 3(1)(b) and (2)(b) and 5(1)(b) and (2)(b) of the Welfare Reform Act 2012 and regulation 17 of the Universal Credit Regulations establish that there cannot be a nil award/nil entitlement to universal credit – regulations 6 and 32A of the Universal Credit Claims and Payments Regulations considered in this context – whether Universal Credit notifications may be misleading.

Published 3 July 2024