Timson, R (On the Application Of) v Secretary of State for Work and Pensions [2023] EWCA Civ 656 (09 June 2023)

Timson, R (On the Application Of) v Secretary of State for Work and Pensions [2023] EWCA Civ 656 (09 June 2023)

The guidance issued by the Secretary of State for Work and Pensions was unlawful because it failed to require decision-makers to give claimants an opportunity to make representations before making a third-party deduction from benefits. Procedural fairness and the Tameside duty require that claimants be contacted prior to a TPD decision, as there is always a real possibility that claimants have relevant information about their interests that cannot be obtained otherwise. Post-decision remedies are insufficient to satisfy fairness in this context.

Citation
[2023] EWCA Civ 656
Parties
Respondent/claimant: Ms Helen Timson; Appellant/defendant: Secretary of State for Work and Pensions; Interested Party: Severn Trent Water Limited
Jurisdiction
England and Wales
Judgment Date
09 June 2023
Procedural Posture
Judicial Review Appeal / Court of Appeal (civil Division) on Appeal From High Court (administrative Court)
Outcome
Appeal dismissed; High Court decision upheld
Legal Topics
Procedural Fairness, Third Party Deductions, Statutory Guidance, Opportunity to Make Representations
Administrative Law Social Security Law Procedural Fairness Third Party Deductions Statutory Guidance Opportunity to Make Representations

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Parties

Ms Helen Timson

Respondent/claimant

Secretary of State for Work and Pensions

Appellant/defendant

Severn Trent Water Limited

Interested Party

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division) on Appeal From High Court (administrative Court)

Legal Issues

  1. 1 Whether the Secretary of State's guidance on third-party deductions (TPDs) from benefits is unlawful for failing to require an opportunity for claimants to make representations before a deduction is made.
  2. 2 Whether post-decision remedies are sufficient to satisfy procedural fairness.
  3. 3 Whether the Tameside duty requires the Secretary of State to seek information from claimants before making a TPD.

Ratio Decidendi

The guidance issued by the Secretary of State for Work and Pensions was unlawful because it failed to require decision-makers to give claimants an opportunity to make representations before making a third-party deduction from benefits. Procedural fairness and the Tameside duty require that claimants be contacted prior to a TPD decision, as there is always a real possibility that claimants have relevant information about their interests that cannot be obtained otherwise. Post-decision remedies are insufficient to satisfy fairness in this context.

Court Disposition

Appeal dismissed; High Court decision upheld

Orders

  • Declaration that the Secretary of State's guidance is unlawful to the extent it fails to require an opportunity for claimants to make representations before a TPD decision.
  • Secretary of State to pay Ms Timson's costs.