B v Secretary of State for Work & Pensions

B v Secretary of State for Work & Pensions

The statutory meaning of 'failed to disclose' in section 71 of the Social Security Administration Act 1992 admits of no qualification based on the claimant's appreciation of her obligation; once the claimant knows the material fact and is able to communicate it, failure to disclose is established regardless of mental capacity or understanding. The legislation does not support a fault-based or 'reasonable expectation' test, and the recovery of overpaid benefits in these circumstances does not breach the European Convention on Human Rights.

Parties
Appellant: B; Respondent: The Secretary of State for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
20 July 2005
Procedural Posture
Civil Appeal / Appeal From Tribunal of Social Security Commissioners to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Overpayment Recovery, Disclosure Obligations, Mental Capacity, Statutory Interpretation, Human Rights
Social Security Law Administrative Law Overpayment Recovery Disclosure Obligations Mental Capacity Statutory Interpretation Human Rights

Case Brief

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Parties

B

Appellant

The Secretary of State for Work and Pensions

Respondent

Procedural Posture

Civil Appeal / Appeal From Tribunal of Social Security Commissioners to Court of Appeal

Legal Issues

  1. 1 Whether a claimant with limited mental capacity who does not appreciate her obligation to disclose a material fact can be said to have 'failed to disclose' under section 71 of the Social Security Administration Act 1992
  2. 2 Whether the statutory scheme admits a qualification based on the claimant's understanding or fault
  3. 3 Whether the recovery of overpaid benefits in these circumstances is compatible with Article 14 and Article 1 of the First Protocol of the European Convention on Human Rights

Ratio Decidendi

The statutory meaning of 'failed to disclose' in section 71 of the Social Security Administration Act 1992 admits of no qualification based on the claimant's appreciation of her obligation; once the claimant knows the material fact and is able to communicate it, failure to disclose is established regardless of mental capacity or understanding. The legislation does not support a fault-based or 'reasonable expectation' test, and the recovery of overpaid benefits in these circumstances does not breach the European Convention on Human Rights.

Court Disposition

Appeal dismissed