MB v Secretary of State for Work and Pensions (SPC): [2019] UKUT 294 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 25 September 2019.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 31 October 2019

• Categories: Recovery of overpayments, Tribunal procedure and practice
• Sub-categories: Recovery of overpayments - amount recoverable, Tribunal procedure and practice - set aside applications, Tribunal procedure and practice - statements of reasons
• Judges: Wikeley, N
• Decision date: 25 September 2019

Read the full decision in CPC/532 & 533/2019.

Judicial Summary

Conflict between first tribunal’s decision notice and statement of reasons as to amount of SPC overpayment - Whether District Tribunal Judge right to set aside first tribunal’s decision - Tribunal Procedure Rules, rules 36,39 and 40 - Whether DTJ entitled to treat letter from appellant’s MP, seeking clarification of first tribunal’s decision, as an application for permission to appeal so as to permit review and s.9 TCEA 2007 set aside - No statement of reasons for second tribunal

Published 31 October 2019