CT v Secretary of State for Work and Pensions: [2021] UKUT 6 (AAC)

Upper Tribunal Administrative Appeals Chamber decision of Judge Wikeley on 6 January 2021.

From:
HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
Published
2 February 2021
Categories:
Employment and support allowance, Recovery of overpayments
Sub-categories:
Employment and support allowance - income-related ESA, Recovery of overpayments - civil penalties, Recovery of overpayments - failure to disclose
Judges:
Wikeley, N
Decision date:
6 January 2021

Read the full decision in CE/2770/2019 & CE/145 & 146/2020.

Judicial Summary

Recoverable overpayment of income-related Employment and Support Allowance following failure to disclose receipt of occupational pension - Civil penalty imposed under section 115D Social Security Administration Act 1992 -whether “reasonable excuse” for failure to disclose and scope of discretion - VT v Secretary of State for Work & Pensions (SSWP) [2016] UKUT 178 (AAC); [2016] AACR 42 considered.

Published 2 February 2021