SM v Secretary of State for Work and Pensions (SPC): [2017] UKUT 336 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 10 August 2017.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 23 August 2017

• Categories: Income support and state pension credits, Recovery of overpayments, Tribunal procedure and practice
• Sub-categories: Income support and state pension credits - other: state pension credit, Recovery of overpayments - amount recoverable, Tribunal procedure and practice - fair hearing
• Judges: Wikeley, N
• Decision date: 10 August 2017

Read the full decision in CPC/3137/2016.

Judicial Summary

Overpayments of state pension credit - Claimant pleaded guilty in associated criminal proceedings - DWP barred from FTT proceedings for non-compliance with FTT’s directions to produce response but then reinstated - PO, but not claimant, attended final FTT hearing - DWP filed final submission with FTT including revision of all previous decisions and statement of global O/P said to be recoverable - whether DWP’s final submission had been properly served by FTT on claimant - whether fair hearing - use of GAPS2 records - Upper Tribunal Judge’s comments on the various case management problems arising in appeals

Published 23 August 2017