[2024] UKUT 167 (AAC)

ST has been in receipt of income-related ESA (‘ESA(IR)’) since 15^th September 2014. The award included an additional amount of Severe Disability Payment (‘SDP’) as he was in receipt of Personal Independence Payment and lived alone.

His mother and appointee, TT, was paid Carer’s Allowance (‘CA’) from 2^nd September 2019 to 29^th November 2020.

On 7^th February 2020 TT made a claim in her own right for New Style ESA (‘ESA(NS)’). Despite being initially refused but that refusal was revised on 3^rd September 2020 and ESA(NS) was awarded from 7^th February 2020. The arrears were paid to her.

On 18^th January 2021 the DWP decided that ST was not entitled to SDP from 6^th September 2019 to 26^th November 2020 because TT had been in receipt of CA, and that ST had in consequence there had been a recoverable overpayment of £4,250.70.

On ST’s behalf, TT appealed to the First-tier Tribunal (‘FtT’) against both decisions. On 8^th November 2022 the FtT refused the appeals. The FtT provided a statement of reasons on 31^st December 2022. ST’s application for permission to appeal was refused by the FtT but was subsequently granted by Upper Tribunal.