MW v Secretary of State and Work and Pensions (ESA): [2023] UKUT 50 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge West on 24 February 2023.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 15 March 2023

• Categories: Employment and support allowance
• Sub-categories: Recovery of overpayments - failure to disclose
• Judges: West, M
• Decision date: 24 February 2023

Read the full decision in UA-2021-001803-ESA & UA-2021-000859-ESA.

Judicial Summary

Overpayment of Employment Support Allowance – whether fact of claimant’s daughter coming to live with him at same address constituted notification to Secretary of State for Work and Pensions of ending of entitlement to severe disability premium - application of decisions in Hinchy v SSWP [2005] UKHL 16 and R(SB) 15/87 – whether decision in SK v Dept for Communities (ESA) C9/20-21 (ESA) should be followed or distinguished

Published 15 March 2023