AF v Secretary of State for Work and Pensions (DLA) (No2): [2017] UKUT 366 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 12 September 2017.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 25 September 2017

• Categories: Tribunal procedure and practice
• Sub-categories: Tribunal procedure and practice - fair hearing and Tribunal procedure and practice - tribunal practice
• Judges: Wikeley, N
• Decision date: 12 September 2017

Read the full decision in CDLA/922/2017.

Judicial Summary

Complex high value overpayment case - whether FTT should have adjourned as claimant’s representative not available - whether breach of natural Justice in viewing video/DVD in absence of claimant and not putting questions to her about it after viewing - whether FTT should have inquired as to new evidence which led to criminal charges being dropped - whether Department’s change of witness (fraud officer having been dismissed) should have been disclosed - section 13(3) of Social Security Act 1998 considered.

Published 25 September 2017