VL v Secretary of State for Work and Pensions (SPC): [2018] UKUT 403 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Gray on 26 November 2018

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 5 February 2019

• Categories: Income support and state pension credits
• Sub-categories: Income support and state pension credits - other: state pension credit, Recovery of overpayments - other
• Judges: Gray, P
• Decision date: 26 November 2018

Read the full decision in CPC/1841/2017.

Judicial Summary

SOS alleges misrepresentation on a form that cannot be produced. Principles concerning reconstruction of form using secondary evidence. CG 3049/2002 and MK v SSWP [2011] UKUT 12 (AAC) discussed and applied. Whether secondary evidence is capable of supporting reconstruction is a matter for the first-tier Tribunal Judge, absent perversity.

Published 5 February 2019