Secretary of State for Work and Pensions v SPL (ESA): [2026] UKUT 294 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 03 August 2026.
Read the full decision in .
Judicial Summary
The Secretary of State decided that the claimant was subject to the recovery of an overpayment of income-related employment and support allowance (‘ESA’) for a 3-year period ending in August 2020. The First-tier Tribunal decided that the Secretary of State had not discharged the burden of showing that a supersession decision had been made (before the overpayment decision) and duly notified to the claimant. The Upper Tribunal dismissed the Secretary of State’s further appeal. Section 71(5A) of the Social Security Administration Act 1992 and LL v Secretary of State for Work and Pensions [2013] UKUT 208 (AAC) considered.