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England and Wales decisions
Decisions matching the current search
The Upper Tribunal allowed a housing benefit appeal, holding the First-tier Tribunal erred by failing to apply closed period supersession and misapplying regulation 14.
The Upper Tribunal refused to admit Luton Borough Council’s late permission-to-appeal application, refused an extension of time, and would have refused permission anyway.
The Upper Tribunal held that new-style ESA overpayments are recoverable under section 71ZB regardless of cause, and that the tribunal could consider only the amount recoverable.
The UK Supreme Court held that section 71 of the Social Security Administration Act 1992 is an exclusive code for recovering overpaid benefits, excluding common law recovery in official error cases.
The Court of Appeal held that section 71 of the Social Security Administration Act 1992 is exhaustive for recovering benefit overpayments made pursuant to an award.
JDM Accord Ltd. v Secretary of State for the Environment, Food and Rural Affairs [2004] EWHC 2 (TCC) (16 January 2004)
The court interpreted a DEFRA foot-and-mouth clean-up contract, addressing travelling time, meal breaks, plant rates, timesheets, and disputed overpayments.
Hinchy v Secretary of State for Work and Pensions [2003] EWCA Civ 138 (20 February 2003)
The Court of Appeal held that there was no failure to disclose under section 71 where the Secretary of State already knew the relevant facts through his officials.
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