Legal framework
Legal framework
Section 71ZB of the Social Security Administration Act 1992 provides the following that is relevant to this appeal:
“71ZB Recovery of overpayments of certain benefits
(1) The Secretary of State may recover any amount of the following paid in excess of entitlement—
(a) universal credit,
(b) jobseeker's allowance,
(c) employment and support allowance, and
[(d) except in prescribed circumstances, housing credit (within the meaning of the State Pension Credit Act 2002).]
(2) An amount recoverable under this section is recoverable from—
(a) the person to whom it was paid, or
(b) such other person (in addition to or instead of the person to whom it was paid) as may be prescribed.
(3) An amount paid in pursuance of a determination is not recoverable under this section unless the determination has been—
(a) reversed or varied on an appeal, or
(b) revised or superseded under section 9 or section 10 of the Social Security Act 1998,
- Heading
- The decision of the Upper Tribunal is to allow the Secretary of State’s appeal. The decision of the First-tier Tribunal in relation to appeal 1651-1450-8074-3928 involved an error of law
- REASONS FOR DECISION
- Factual background
- The First-tier Tribunal’s decisions
- Permission to appeal
- Legal framework
- except where regulations otherwise provide.”
- Oral hearing on 17 March 2025
- The parties’ submissions Submissions for the SSWP
- Submissions for IL
- Legal analysis
- Does the ECtHR decision in Čakarević have any effect on the above analysis?
- Disposal of appeal
- Conclusions
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