LB v Secretary of State for Work and Pensions (ESA): [2019] UKUT 178 (AAC)

Upper Tribunal Administrative Appeals Chamber decision of Judge Poole, QC on 23 May 2019.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 26 June 2019

• Categories: Recovery of overpayments
• Sub-categories: Recovery of overpayments - amount recoverable, Recovery of overpayments - failure to disclose
• Judges: Poole, AI
• Decision date: 23 May 2019

Read the full decision in CSE/446/2018.

Judicial Summary

Overpayment of ESA – initial disclosure of occupational pension but failure of Secretary of State to act on it – failure to disclose later increases in that occupational pension – application of Section 71 of the Social Security Administration Act 1992 – recoverable overpayment not restricted only to the undisclosed increases – on the facts, Secretary of State entitled to recover amounts of ESA overpaid after taking into account the full value of payments of occupational pension after the undisclosed increases.

Published 26 June 2019