7 Aug 2009
Leave to appeal is granted because the question whether the Court of Appeal erred in making orders A and B raises an arguable issue suitable for determination by this Court; the appeal is confined to that approved ground.
9 Jul 2009
The Authority applied the correct legal test: a married couple are not 'living apart' for benefit purposes where they remain emotionally and matrimonially committed despite physical separation; the overpayment was not caused by Ministry error but by the appellant's failure to notify her marriage, so s 86(9A) did not preclude recovery; the High Court will not overturn credibility findings absent legal error.