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GB V Southwark LB.pdf

CH_2615_2010.pdf
Preview of GB v Southwark LB
🔗 Source: revenuebenefits.org.uk
📊 Size: 21 KB
👤 Author: npaines
⬇️ Downloads: 178

Summary

The Upper Tribunal set aside a First-tier Tribunal decision due to an error of law, remitting the case for re-determination. The claimant had informed the local authority of an increase in her child tax credit, but the authority failed to revise her housing benefit and council tax benefit awards until later, resulting in overpayments. The tribunal had held that the claimant could reasonably have been expected to realize she was being overpaid, but the Upper Tribunal found a logical flaw in this reasoning, as the claimant could not have been expected to realize this based on notices sent after the overpayment period. The case was remitted to a freshly constituted tribunal to reconsider the issues of official error and reasonable expectation of overpayment.

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Description

The Upper Tribunal set aside a First-tier Tribunal decision due to an error of law, remitting the case for re-determination.

Technical Information

  • File Format: PDF
  • File Size: 21 KB
  • Pages: 4
  • Language: EN
  • Author: npaines
  • Total Downloads: 178
  • Last Updated: 2 weeks ago

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