Recoverable overpayment decision
Recoverable overpayment decision
The tribunal rejected the Appellant’s evidence that she had informed the Secretary of State by letter in 2016 of her intention to commence paid employment. As observed by the Secretary of State in their submissions, this initial communication would have been of material importance to the entirety of the overpayment (see §30 of the submissions). In reaching the above decision, I am satisfied that the tribunal erred in law. Its reasons for this decision are as set out in paragraph (u), however on reading the reasons the tribunal failed to have any adequate regard to paragraphs four and seven of the Appellant’s further submission 20 February 2023 (at Addition F of the bundle). See further on this at paragraphs twelve and thirteen of the Appellant’s grounds of appeal of 30 May 2023.
- Heading
- The decision of the Upper Tribunal is to allow the appeals. The decisions of the First-tier Tribunal made on 5 April 2023 under SC124/23/00624+00625 was made in error of law. Under section 12(2) (a) a
- These Directions may be supplemented by later directions by a Tribunal Judge in the Social Entitlement Chamber of the First-tier Tribunal
- Issues
- The background to the appeal
- Analysis
- Recoverable overpayment decision
- Conclusions
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