SS v Secretary of State for Work & Pensions (DLA): [2024] UKUT 327 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Hocking on 9 October 2024
Read the full decision in .
Judicial Summary
The requirements of Regulation 7(2)(c)(ii) of the of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 must be considered specifically by an First-tier Tribunal (FtT), with reasoned findings as to each of its conditions. However the weight to give to each piece of evidence bearing on a decision on each condition is a matter for the FtT’s judgement. In particular it is not the case that actual or constructive knowledge of an obligation to report a change in circumstance can only arise from a claimant having been expressly told that they were so obliged. Nor is it necessary for the claimant to know (or be in a position where they could reasonably be expected to know) that the obligation to report was a legal obligation: what is required is that they know (or could reasonably be expected to know) that the obligation exists, not its nature.