[2024] UKUT 257 (AAC)

The question of whether the overpayment is recoverable so far as relating to claim 5 must be reheard entirely afresh by the First-tier Tribunal.

If the First-tier Tribunal again finds it to be recoverable, the person from whom it is recoverable is not disputed. I do not however direct the First-tier Tribunal to find again that it is recoverable from Mr YB’s estate. I say that in case something arises – when the First-tier Tribunal is considering whether the overpayment is recoverable at all – which puts into question from whom it is recoverable. I do not anticipate that happening. But I do not want to tie the First-tier Tribunal’s hands on that point, just in case.

The First-tier Tribunal panel which rehears the question afresh must contain no-one who was on the panel which decided the case on 17 August 2023.