84-year-old housing benefit claimant wins £14,550 overpayments appeal

16 June 2022

Lily Lewis

An 84-year-old pensioner with multiple vulnerabilities, has won her appeal against having to repay her local council almost £15,000 which it had made in overpayments to her.

The Council said that she needed to pay £14,550 for Housing Benefit payments made between 2013 and 2019. She appealed to the First-Tier Tribunal (Social Entitlement).

The overpayment had occurred because increases to one of the appellant’s pensions had not been taken into account when her Housing Benefit had been calculated by the Council. The Council argued that the payments were recoverable on the basis that she should have informed them of any changes to her pension.

The appellant, represented pro bono by Lily Lewis from our housing team, successfully argued that the Council’s failure to seek relevant information about her pension income amounted to an official error. Her appeal was allowed and the overpayment was found by the Tribunal not to be recoverable. Lily Lewis represented the appellant in this case pro bono through We Are Advocate.

Lily Lewis has a multidisciplinary practice encompassing housing, homelessness and social security lawpublic law and inquests and public inquiries.

Chambers news

Chambers news

Dean Johnstone sentenced to life imprisonment with a minimum term of 17 years and six months after pleading guilty to murder

Dean Johnstone was sentenced to 17 years and six months’ imprisonment in Manchester Crown Court for the murder of Ms Karen Youdell.

Chambers news

Alexa Thompson secures possession claim dismissal to keep single mother and children in their home

Alexa Thompson secured the dismissal of a possession claim brought against her client in the Manchester Civil Justice Centre.

Chambers news

Rosalind Burgin and Bethany Currie’s clients acquitted at trial following protest action

Garden Court North’s Rosalind Burgin and Bethany Currie have secured acquittals for three protest defendants.

Chambers news

Ministry of Housing’s draft guidance on Awaab’s Law an “important and long-overdue step towards protecting tenants”

The UK Government’s Ministry of Housing published draft guidance for social landlords on Awaab’s Law, due to come into force in October 2025.

Sign up to our mailing list

Our mailing list is dedicated to professionals with an interest in our work.

Sign up