Department for Social Development (IS) (Overpayment) [2011] NICom 00 (24 October 2012)

Department for Social Development (IS) (Overpayment) [2011] NICom 00 (24 October 2012)

The tribunal was entitled to find, on the evidence, that the applicant and his wife were the beneficial owners of the capital in question, not holding it in trust for their sons. The applicant failed to disclose material facts about his capital, justifying the Department's recovery of overpaid income support. No error of law was established in the tribunal's approach or findings.

Citation
[2011] NICom 00
Parties
Respondent: Department for Social Development; Applicant: [Applicant Name Redacted]
Jurisdiction
Northern Ireland
Judgment Date
24 October 2012
Procedural Posture
Application for Leave to Appeal (social Security) / Application for Leave to Appeal to Social Security Commissioner From Tribunal Decisions
Outcome
Leave to appeal refused
Legal Topics
Income Support, Overpayment Recovery, Capital Limits, Failure to Disclose, Appointeeship, Disability Living Allowance
Social Security Law Income Support Overpayment Recovery Capital Limits Failure to Disclose Appointeeship Disability Living Allowance

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Parties

Department for Social Development

Respondent

[Applicant Name Redacted]

Applicant

Procedural Posture

Application for Leave to Appeal (social Security) / Application for Leave to Appeal to Social Security Commissioner From Tribunal Decisions

Legal Issues

  1. 1 Whether the applicant's capital was beneficially owned by him and his wife or held in trust for their disabled sons
  2. 2 Whether the applicant failed to disclose material facts regarding capital to the Department
  3. 3 Whether the tribunal erred in law in its findings and approach to supersession and overpayment

Ratio Decidendi

The tribunal was entitled to find, on the evidence, that the applicant and his wife were the beneficial owners of the capital in question, not holding it in trust for their sons. The applicant failed to disclose material facts about his capital, justifying the Department's recovery of overpaid income support. No error of law was established in the tribunal's approach or findings.

Court Disposition

Leave to appeal refused