[2024] UKUT 39 (AAC)

CA appealed the local authorities' decision of 27^th April, as reconsidered on the 25th of June 2020, to the First-tier Tribunal (FTT). The FTT allowed CA’s appeal, setting aside the decision, finding none of the overpayment of Housing Benefit was recoverable. The FTT divided the overpayment figure into two separate periods, firstly, the period from 27th of January 2020 - 4th of March 2020 (£1231.85) and secondly, the period from the 5th of March 2020 - 23rd of March 2020 (£596.17). It did this largely because CA initially contested the recoverability of the overpayment for the second period only, however, after receiving legal advice at the FTT hearing, she contested the recoverability of the overpayment for the entire period.

The FTT decided the overpayment was not recoverable for any of the relevant period(s). In respect of both “periods” the FTT took the view the overpayment was due to official error to which CA did not contribute to and she could not reasonably be expected to realise an overpayment had been made.