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These Directions may be supplemented by later directions by a Tribunal Judge in the Social Entitlement Chamber of the First-tier Tribunal
These Directions may be supplemented by later directions by a Tribunal Judge in the Social Entitlement Chamber of the First-tier Tribunal.
REASONS
Introduction
This is an appeal against two decisions of the First-tier Tribunal (“the tribunal”) made on 5 April 2023. The first decision (the “entitlement decision”) upheld the Secretary of State’s decision that the Appellant had been overpaid carer’s allowance of £4,953.90 between 11 April 2016 and 7 February 2021. The tribunal’s second decision (the “recoverable overpayment decision”) upheld the Secretary of State’s subsequent decision to recover the above overpayment from the Appellant. Specifically, the tribunal upheld that the Appellant had failed to disclose to the Secretary of State that she had started work.
On 26 September 2023, Upper Tribunal Judge Wright granted permission against both tribunal’s decisions of 5 April 2023. The Secretary of State supports the appeal against the recoverable overpayment decision but not the entitlement decision.
I have now to consider whether the tribunal materially erred in law in reaching their decisions on entitlement and that the overpayment was recoverable from the Appellant.
- 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