DD v Secretary of State for Work and Pensions (II): [2020] UKUT 302 (AAC)
Upper Tribunal Administrative Appeals Chamber decision of Judge Wikeley on 2 November 2020
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Judicial Summary
Claimant with existing award of industrial injuries disablement benefit (IIDB) for other Prescribed Diseases made new application to reinstate award for Prescribed Disease D5 dermatitis - decision-based system of social security decision-making - whether new claim or application for a supersession on basis of change of circumstances - date from which new aggregated re-assessment takes effect - CI/420/1994 and ED v SSWP [2009] UKUT 206 (AAC) considered - deduction of overpayment of state pension credit from arrears of IIDB due following aggregated re-assessment - Social Security Administration Act 1992 s.74 - whether IIDB a prescribed benefit for the purposes of reg.15 of the Social Security (POA, Overpayments and Recovery) Regs 1988 - principle of continuity of the law in section 2 of the Social Security (Consequential Provisions) Act 1992.