MS v Secretary of State for Work and Pensions (DLA and PIP): [2021] UKUT 41 (AAC)

Upper Tribunal Administrative Appeals Chamber decision of Judge Wikeley on 17 February 2021

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 7 April 2021

• Categories: DLA, AA, MA: general, Recovery of overpayments, Tribunal procedure and practice
• Sub-categories: DLA, AA, MA: general - other, Recovery of overpayments - other, Tribunal procedure and practice - fair hearing
• Judges: Wikeley, N
• Decision date: 17 February 2021

Read the full decision in CPIP/932/2020, CPIP/934/2020, CDLA/1079/2020 & CDLA/1080/2019 .

Judicial Summary

Claimant awarded Disability Living Allowance continuously with effect from start of DLA scheme in early 1990s - Secretary of State in 2008 superseded entitlement decision and imposed recoverable overpayment from January 2003 - Tribunal issued appellant with warning at start of hearing that it had power to go back to an earlier date - Appellant elected to proceed following short break to consider his position - Tribunal superseded DLA entitlement decision going back to October 1998 - Whether breach of natural justice - R(IB) 2/04, CDLA/884/2008, DH v Secretary of State for Work and Pensions (DLA) [2012] UKUT 330 (AAC), BK v SSWP [2009] UKUT 258 (AAC), BTC v SSWP (PIP) [2015] UKUT 155 (AAC) and Northern Ireland Commissioner’s decision C15/08-09 (DLA) considered

Published 7 April 2021