Ipswich Borough Council v TD

Subject Matter

SOCIAL SECURITY — Housing benefit — Entitlement — Claimant placed by local authority in temporary accommodation funded by housing benefit — Claimant passported to full housing benefit entitlement on basis of being “on universal credit” during relevant period — Local authority subsequently seeking to recover overpayments of housing benefit for five consecutive assessment periods when nil payment of universal credit made to claimant — Whether claimant “on universal credit” in those periods — Welfare Reform Act 2012 (c 5), ss 3, 5 — Housing Benefit Regulations 2006 (SI 2006/213), reg 2(3B), Sch 4, para 12, Sch 5, para 4 — Universal Credit Regulations 2013 (SI 2013/376), reg 17

[2024] UKUT 117 (AAC); [2024] PTSR 1191; [2024] WLR(D) 251, UT

Legislation Considered

Statutes

Welfare Reform Act 2012 (c 5), ss 3, 5

Statutory Instruments

Housing Benefit Regulations 2006 (SI 2006/213), reg 2(3B), Sch 4, para 12, Sch 5, para 4

Universal Credit Regulations 2013 (SI 2013/376), reg 17