Secretary of State for Work and Pensions v NS: [2024] UKUT 5 (AAC).

Upper Tribunal Administrative Appeals Chamber decision by Judge Church on 7 December 2023.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 1 February 2024

• Categories: Claims and payments, Employment and support allowance, Recovery of overpayments
• Sub-categories: Claims and payments - required information, Employment and support allowance - contributory ESA, Recovery of overpayments - failure to disclose
• Judges: Church, TH
• Decision date: 7 December 2023

Read the full decision in UA-2021-000249/250-ESA.

Judicial Summary

Proper interpretation of ESA40 leaflet requiring claimant to “tell us if you … get a pension” – whether FtT erred in law in finding that a letter from the claimant stating his retirement date and that he will receive a pension from a named provider discharged the obligation to disclose communicated via the ESA40 – discussion of division of responsibility between SSWP and claimants.

Published 1 February 2024