NSP v Stoke-on-Trent City Council and AT (HB): [2020] UKUT 311 (AAC)

Upper Tribunal Administrative Appeals Chamber decision of Judge Poynter on 3 November 2020

Read the full decision in CH/2383/2018.

Judicial Summary

Housing Benefit—Recovery of overpayments—Whether a claimant is automatically a respondent to an appeal by a landlord against a decision to recover an overpayment. Housing Benefit—Recovery of overpayments—Circumstances in which an overpayment of HB is recoverable from someone other than the person to whom the original payment was made. Housing Benefit—Recovery of overpayments—Whether the right of appeal granted to a person from whom an overpayment of HB has been determined to be recoverable is limited in scope—R(H) 3/04 and R(H) 6/06 followed. Tribunal procedure and practice (including Upper Tribunal)—Evidence—Whether the First-tier Tribunal has power to exclude relevant evidence that is confidential to a non-party.

Published 1 December 2020