| Source: | All England Reporter |
| Publisher Citation: | [2003] All ER (D) 390 (Mar) |
| Court: | Court of Appeal, Civil Division |
| Judge: | Brooke, Hale and Arden LJJ |
| Representation | Marie Demetriou (instructed by the Solicitor for the Department of Work and Pensions) for the Secretary of State. |
| The defendants did not appear and were not represented. | |
| Judgment Dates: | 26 March 2003 |
Catchwords
Social security - Benefits - Overpayment - Housing benefit - Recovery of overpayment - Decision that benefit recoverable not discretionary - Right of appeal - Termination of housing benefit at time passport benefit ceasing - s 75(3) - 7, para 6(6) - Housing Benefit General Regulations 1987, regs 67(1)(a), 101(1)(b).
The Case
Following an overpayment of housing benefit, whilst the decision whether or not benefit would actually be recovered was discretionary, the decision that benefit was recoverable was not, and a right of appeal lay against that decision.
Practice Areas
If you are a LexisLibrary subscriber you can read more about this case here.
Lexis®Library
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
