[2024] UKUT 131 (AAC)

The Secretary of State’s decision-makers made an entitlement decision and an overpayment decision in respect of the claimant’s award of ESA. The entitlement decision was made under what became the FTT case reference SC242/16/08567 (UT reference UA-2022-001764-ESA) and the overpayment decision under FTT case reference SC242/16/09329 (UT reference UA-2022-001765-ESA).

The entitlement decision, taken on 8 April 2016, was that the claimant had no entitlement to income-related ESA for the period from 1 October 2014 to 5 April 2016. This was on the basis that he was working throughout this period in work which had not been declared to the DWP and which was above the permitted work limit.

The overpayment decision, taken a few days later on 19 April 2016, was that the claimant was liable to repay the consequential overpayment for the period of that entitlement decision, amounting to some £9,842.50.

The claimant appealed to the FTT against both decisions. In his notice of appeal he stated that “the DWP have failed to provide any evidence of self-employed work. The DWP has referred to me as a market trader, this is incorrect and untrue.”