Case No. UKUT-58-(AAC)

1.This is an appeal by the London Borough of Waltham Forest (“the Council”) against the decision of the First-tier Tribunal given on 12th March 2019. By its decision the tribunal allowed the respondent’s appeal against the Council’s decision made on 13th August 2018 that the respondent was subject to a 25% reduction in her eligible rent for housing benefit purposes, with the consequence that she had been overpaid housing benefit since 31st July 2017, and decided that she was entitled to be treated as a foster carer for those purposes, with the consequence (as the tribunal concluded) that there had been no overpayment.2.Behind that summary of the decision lies:(1)A complex legislative thicket; and(2)A certain degree of confusion at times on the part of the Council as to the operation of the relevant legislation.3.Fortunately, the parties to this appeal have been very ably represented by experienced counsel, who have agreed upon the operation of the legislation in the circumstances which I have to consider and upon the course I should take. They have also come close to agreement on the directions I should make if I were to refer the matter back to the First-tier Tribunal for rehearing, as they both submit would be the appropriate course. I agree with them on that point and am extremely grateful to them both for their assistance.4.Given the measure of agreement that has been reached, I shall try to keep this decision short, but I need to bear in mind that the new tribunal which will be hearing the case will have to apply complex and detailed directions and may be assisted by an explanation of the reasons for which those directions have been made.