RS v Secretary of State for Work & Pensions (ESA): [2021] UKUT 112 (AAC)
Upper Tribunal Administrative Appeals Chamber decision of Judge Mitchell on 31 January 2021.
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Judicial Summary
This decision seeks to explain the legal mechanism by which a person who was entitled to the contributions-based element of Employment Support Allowance is awarded the income-based element. It also highlights a number of shortcomings in Department for Work and Pensions practices regarding record-keeping, conduct of interviews under caution in overpayment cases and the provision of documentary evidence to the First-tier Tribunal. The decision expresses concern at the DWP’s apparent inability to explain to the First-tier Tribunal the meaning of certain decision-making codes used in the ‘notepad’ entries that record claimant contacts and actions taken on awards.