Dalton, R (on the application of) v The Secretary of State for Work and Pensions
The Secretary of State's refusal to reimburse the overpayment was lawful because section 41B confers a discretion, exercised in accordance with statutory purpose and guidance, and the principal cause of the overpayment was the claimant's own conduct in failing to cooperate with the child support system over many years.
- Parties
- Claimant: Ronald Dalton; Defendant: Secretary of State for Work and Pensions
- Jurisdiction
- England and Wales
- Judgment Date
- 10 February 2017
- Procedural Posture
- Judicial Review / Judgment After Substantive Hearing
- Outcome
- Application for judicial review dismissed
- Legal Topics
- Child Support, Judicial Review, Statutory Discretion, Overpayment Recovery
Case Brief
Summary, issues, holding and outcome
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Parties
Ronald Dalton
Claimant
Secretary of State for Work and Pensions
Defendant
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Legal Issues
- 1 Whether the Secretary of State's refusal to reimburse overpaid child support was ultra vires
- 2 Whether the Secretary of State exercised discretion under section 41B of the Child Support Act 1991 lawfully
Ratio Decidendi
The Secretary of State's refusal to reimburse the overpayment was lawful because section 41B confers a discretion, exercised in accordance with statutory purpose and guidance, and the principal cause of the overpayment was the claimant's own conduct in failing to cooperate with the child support system over many years.
Court Disposition
Application for judicial review dismissed
Orders
- Application for judicial review is dismissed
- Any application for costs to be made within 7 days
Full Case Text
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