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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
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.
Under section 12(2)(a) and (b)(ii) of the Tribunals, Courts and Enforcement Act 2007, I set aside decision 1651-1450-8074-3928. I remake the decision as set out below.
The appeal is refused.
The Secretary of State’s decision dated 30 December 2021 is confirmed.
The claimant has been overpaid £8,835.87 of new-style employment and support allowance for the period from 04.05.20 to 29.11.21 inclusive.
The overpayment in question was caused by the Respondent’s failure to take into consideration the claimant’s occupational pension entitlement, which the claimant had validly declared to the Secretary of State when he claimed new-style employment and support allowance.
The decision to pay the claimant new-style employment and support allowance has been validly revised under section 9 of the Social Security Act 1998.
Under section 71ZB(1)(c) and (3) of the Social Security Administration Act 1992, the overpayment is recoverable from the claimant.
- 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