I am looking for the Commissioners Decision that talked about a reasonable person not necessarily understanding decision notifications. I am just completing my submission for an appeal where LA created a large overpayment of Benefit LA error recoverable. My client was in receipt of JSA (IB) advised the LA they stated work LA then wrote to ask for further proof but failed to modify the claim.
Decision notices read from the start that benefit was based on receipt of Income Support My customer never having been paid income support assumed that meant income to support.

He received new DNs (annual up rating) a couple of weeks after he had provided the LA with his contact of employment so he assumed his new claim had been assessed.

I am using CH/2935/2005 but cant remember/ find the CD for the understanding notifications.

Thanks

Try CH/2554/2002, its now the lead decision in official error cases.

You may well already have this to hand, but the DWP HB overpayments manual is useful for confirming the subjectivity of understanding if you've been overpaid etc. Paras 2.150 to 2.156 are particularly apposite. Here is the link to the manual:

http://www.dwp.gov.uk/housingbenefit/manuals/overpay/op-guide-amd2.pdf

Happy Christmas!

Steve