[2025] UKUT 337 (AAC)

On appeal from the First-tier Tribunal (Social Entitlement Chamber)

Between:

Luton Borough Council

Applicant

- v -

C. M.

Respondent

Before: Upper Tribunal Judge Wikeley

Case decided on the papers

Decision date: 8 October 2025

ON APPEAL FROM:

Applicant: Luton Borough Council

Respondent: CM

Tribunal: First-Tier Tribunal (Social Security and Child Support)

Tribunal Case No: SC242/24/05531

Tribunal Venue: London Fox Court

Hearing Date: 3 March 2025

NOTICE OF DETERMINATION OF LOCAL AUTHORITY’S APPLICATION FOR PERMISSION TO APPEAL TO THE UPPER TRIBUNAL

The application by the local authority for permission to appeal to the Upper Tribunal was made late. I refuse to extend the time for making the application to the Upper Tribunal (rule 5(3)(a) of the Tribunal Procedure (Upper Tribunal) Rules 2008). I therefore do not admit the application for permission to appeal.

Even if the application were to be admitted, I would refuse permission to appeal.

I do not consider it appropriate for the application to be dealt with at an oral hearing, as I consider that it can be properly determined on the papers. 

This determination is made under section 11 of the Tribunals, Courts and Enforcement Act 2007 and rules 2, 5, 21, 22 & 34 of the Tribunal Procedure (Upper Tribunal) Rules 2008.

Judicial Summary

The claimant was overpaid housing benefit because the local authority failed to process the claimant’s reported change of circumstances. The First-tier Tribunal allowed the claimant’s appeal against the local authority’s decision that the overpayment was recoverable, finding that the overpayment was caused by official error. The local authority applied for permission to appeal to the Upper Tribunal, but its application was six days late. The Upper Tribunal refused to extend time as it was not fair and just to do so, in part because the local authority had taken over five years to forward the claimant’s appeal to the First-tier Tribunal. Accordingly, the local authority’s application for permission to appeal was not admitted.

Keywords

16.7 Housing and council tax benefits – recovery of overpayments

27.8 Recovery of overpayments – other

34.4 Tribunal procedure and practice – leave/permission to appeal

REASONS FOR DETERMINATION