Comms decision needed

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  • #21520
    petedavies
    Participant

    Just had a Tribunal decision back which states “Comm. Jacobs ruled in a case where an appellant had made every effort to have an official error rectified that it was inappropriate to say that as they were aware of the error they were liable”

    Since the decision is also a statement of reasons I am unlikley to get any further enlightenment.

    Any ideas of which case?

    #5409
    jmembery
    Participant

    Never heard of it, but if such a case does exist it flies in the face of CH 3309 2006.

    You could use that as the basis of an appeal to Comms.

    Jeff

    #5410
    jmembery
    Participant

    Para 6 for info.

    6. There is no answer to the Council’s appeal on that ground. The rules permitting recovery of council tax benefit paid or allowed by mistake are extremely wide, and although their operation may seem harsh in a case such as this if the facts were as found by the tribunal, neither the tribunal nor I have any choice about applying the legislation as it stands. The whole of the claimant’s evidence to the tribunal was that she had been trying to get across to the Council that the circumstances affecting her benefit had changed, and she wanted a proper bill, because she knew she could not now be entitled to the council tax rebate they still persisted in allowing her despite everything she said. Her submissions to me reiterate this, very frankly and honestly making clear that she knew she was not entitled to the benefit, and was making every effort to pay it back. On that basis it was simply impossible for her to get within the exception in regulation 84(2) for people who could not reasonably be expected to realise they were being overpaid.

    #5411
    Anselmo
    Participant

    A quick search of the Commisioners website, searching under “Comm Jacobs” and “recovery of overpayments” yields 12 results. A very quick scan of these reveals nothing to match that description… I’d be seeking a thorough statement of reasons if I were you… ❓

    [EDIT: Just noticed you did actually say that this [i:f58c8baf80]was[/i:f58c8baf80] the statement of reasons. Sorry.]

    #5412
    jamcon
    Participant

    In CH 2888 2002, paragraph 15, Commissioner Jacobs stated practically the opposite of what he was alleged to have said. Here the claimant’s wife enquired several times when their benefit would be recalculated and the Commissioner said this helped show they could have reasonable realised they were being overpaid.

    #5413
    Anselmo
    Participant

    Yes, I noticed that one and how ironic it was. But I’m sure that can’t be the one the tribunal was referring to. I mean, surely there’s no way that a tribunal chair could have completely and utterly misinterpreted a decision so it ends up having the opposite meaning…. 8)

    surely….

    #5414
    aosulliv
    Participant

    Anyone got a link for CH 2888 2002

    #5415
    Anselmo
    Participant

    No sorry – just checked and I was thinking of a different one 😳

    sorry

    #5416
    jmembery
    Participant

    CH 2888 2002 is in the caselaw section of this site (page 13 of the overpayment decisions)

    Jeff

    #5417
    Kevin D
    Participant

    new.hbinfo.org.com/comdecs/ch_2888_2002.doc

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