Upper Tribunal (Administrative Appeals Chamber), April 21, 2009, [2009] UKUT 70 (AAC)

Reporting Judge: [2009] UKUT 70 (AAC)

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Upper Tribunal (Administrative Appeals Chamber), April 21, 2009, [2009] UKUT 70 (AAC)

[2009] UKUT 70 (AAC)

CH/3495/2008

DECISION OF THE UPPER TRIBUNAL

ADMINISTRATIVE APPEALS CHAMBER

The claimant's appeal to the Upper Tribunal is allowed, although the ultimate outcome may not be of any advantage to her. The decision of the Leeds appeal tribunal dated 22 July 2008 involved an error on a point of law, for the reasons given below, and is set aside. The case is, subject to any action that may be taken by the local authority as mentioned in paragraph 19 below, remitted to a tribunal within the Social Entitlement Chamber of the First-tier Tribunal for determination in accordance with the directions given in paragraph 20 below and any further directions that may be given by a district tribunal judge (Tribunals, Courts and Enforcement Act 2007, section 12(2)(b)(i)).

REASONS FOR DECISION

1. The claimant had been in receipt of housing benefit and council tax benefit (CTB) for some years, at least since 2002. The awards had been based on her entitlement to income support for the period from 10 October 2001 to 9 May 2003 (which would have meant that the local authority did not need to investigate the claimant's in...

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