[2024] UKUT 261 (AAC)

On 29 August 2023 a different FTT dismissed the Appellant’s appeal against the overpayment decision. This FTT’s decision notice recorded that “There has been an overpayment of the Housing Cost Element of Universal Credit for a spare bedroom. This was confirmed by a tribunal decision of 3 May 2023 … This resulted in an overpayment of £105.60 for the assessment period 23.07.22 to 22.09.22. Whilst the appellant has objected to this amount being set off against the underpayment of the child element of £290, the respondent is within his right to do so and only pay the balance of £184.40 to her.”

The second FTT’s statement of reasons correctly explained that any overpayment of Universal Credit was recoverable from a claimant, regardless of fault (see section 71ZB of the Social Security Administration Act 1992). It added that there was no right of appeal against the DWP’s decision to recover an overpayment, but only with respect to the amount of the overpayment. To that extent the FTT’s decision on the appeal against the overpayment decision stood or fell with the outcome of the appeal against the entitlement decision.