PS v Secretary of State for Work and Pensions (SPC): [2016] UKUT 21 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Ward on 13 January 2016.

Read the full decision in CPC/4519/2016 and CPC/4520/2016.

Judicial Summary

Earnings and other income : The structure of pension credit legislation does not allow sums paid as arrears after their due date to be treated as income.

Recovery of overpayments : Section 74 Social Security Administration Act 1992 may authorise the recovery of benefit paid where income has been received after its due date.

Published 1 December 2016