Council Tax and Housing Benefit Overpayment

[Soccerkid66]

Attended a Tribunal Yesterday regarding a very large overpayment for each HB and CT.

The tribunal listened to My partner and myself and the reps from the local authority.

We have been told we have won the appeal on the grounds of the testimony provided by myself and my partner and the fact that they could not prove their allegation that we were living together for the period in question and the written evidence we submitted along with the local authority. My question is can the LA appeal the decision that has gone in our favour.

[antone]

The LA can only appeal the decision if they believe that the Tribunal has made an error in law - they can't simply appeal because they don't like the decision. It's quite unusual (though not unheard of) for them to do this. They have a limited period of time to do this, perhaps 28 days or a few weeks longer if they first request a Statement of Reasons from the Tribunal.

[Soccerkid66]

So if it is stated that the decision has been made on representations, testimony on the day and evidence produced can this be a mistake in Law?

[id6052]

An Error of Law will depend upon the specific details of the case, the law, the circumstances, the evidence, the decision, the rationale/explanation provided for the decision and the procedure of the hearing

[Soccerkid66]

OK so a big part of the case was that the DWP and the LA differed in the time frame by some 10 years with the same evidence.

 

 

The Barrister who put together some of the papers argued that the DWP stated that my partner was entitled to income support for the exact same period that my partner was not entitled to Housing benefit according to the LA. In 2014 the LA emailed the DWP to ask them to change their decision and the DWP refused. Then at the hearing the Judge made her decision on the evidence provided the paperwork and testimony.

The solicitor said he had done 100`s of these cases but none where the at although they said she was entitled to income support she was not entitled to housing benefit for the same period.

[id6052]

although in most cases the LA will withdraw Hb for same period as DWP, there are a number of situations where they could have different periods

 

so although it is uncommonl for them to have different periods, it does happen

 

in relation to Error of Law, this is about the Tribunal's decision and procedure (not the DWP's or the LA's)

[antone]

 

in relation to Error of Law, this is about the Tribunal's decision and procedure (not the DWP's or the LA's)

 

This is key. For example, we have a poster here (elsewhere on the forum) who initially lost his Tribunal case and was denied benefit. He successfully appealed this decision to the Upper Tier Tribunal on the grounds that he was not given the opportunity to appear in person and present his case - that was an error of law on the part of the first Tribunal. Another example would an imaginary case where the Tribunal applied law A to reach its decision, but the losing party argues that it should have used law B instead.

 

The DWP/LA can't appeal simply on the basis that they themselves would have made a different decision if presented with the same set of facts and evidence. That would not be an error of law.