London Borough of Lambeth, Regina (on the Application Of) v Secretary of State for Work and Pensions: Admn 20 Apr 2005

The authority had received too much by way of housing benefit subsidy in 1991 and 1992, having failed to refer rents to rent officers. It now challenged the decision of the respondent to recover the overpayment by deductions from future payments.
Held: The respondent could recover the overpayment in the way proposed. The later policy did not have to be applied to existing debts.


Stanley Burnton J


[2005] EWHC 637 (Admin), Times 13-May-2005




Social Security Contributions and Benefits Act 1992, Social Security Administration Act 1992


CitedRegina v Secretary of State for the Environment, ex parte Council of the London Borough of Camden HL 12-Mar-1998
A change in accounting practice moving interest due to the year accrued did not affect average rate of interest to calculate housing revenue: ‘The words ‘payable on’ plainly do not refer to ‘the average rate.’ One cannot pay an average rate: one can . .
CitedRegina on the Application of Isle of Anglesey County Council v Secretary of State for Work and Pensions Admn 30-Oct-2003
The claimant council sought re-imbursement from the Secretary of the excess housing benefit payments it had made to claimants. The system expected the Council to have made referrals of high rents to rent officers. The respondent had decided that it . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 29 June 2022; Ref: scu.224388