Upper Tribunal (Administrative Appeals Chamber), November 11, 2008, [2008] UKUT 15 (AAC)

Extract

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Upper Tribunal (Administrative Appeals Chamber), November 11, 2008, [2008] UKUT 15 (AAC)

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CPC/2021/2008

CPC/2021/2008

CPC/2021/2008

[2008] UKUT 15 (AAC)

DECISION OF THE UPPER TRIBUNAL

(ADMINISTRATIVE APPEALS CHAMBER)

My DECISION is to allow the appeal by the appellant.

The decision of the Sutton appeal tribunal dated 1 May 2008 under file reference 154/08/00983 involves an error on a point of law. My decision is to set aside the tribunal's decision and to remake it:

The appeal by the appellant against the decision of the Secretary of State dated 16 March 2007 succeeds.

There was an overpayment of state pension credit in the sum of £3,599.48 for the period from 06 July 2004 to 19 June 2006 (both dates included).

This overpayment is not recoverable from the appellant under section 71 of the Social Security Administration Act 1992. The appellant did not misrepresent any material fact. Nor did the appellant fail to disclose any material fact.

My decision is given under sections 11 and 12 of the Tribunals, Courts and Enforcement Act 2007 and rule 40 of the Tribunal Procedure (Upper Tribunal) Rules 2008.

REASONS FOR DECISION

The decision in summary

1. The appellant's appeal to the Upper Tribunal (formerly the Social Security Commissioner) is allowed. The decision of the Sutton appeal tribunal sitting on 1 May 2008 under file reference 154/08/00983 is wrong in law.

2. I am substituting my own decision, as set out above, for the decision that the appeal tribunal reached, and for the reasons set out more fully below.

The impact of the new tribunal system on this case

3. On 3 November 2008 the Tribunals, Courts and Enforcement Act 2007 replaced the appeal tribunal with the Social Entitlement Chamber of the First-tier Tribunal. This case started as the appellant's appeal to the Social Security Commissioner against the appeal tribunal's decision. The 2007 Act also replaced the Social Security Commissioner with the Administrative Appeals Chamber of the Upper Tribunal with effect from the same date. These changes have been made with a view to improving the system of administrative justice as a whole.

4. A Judge of the Administrative Appeals Chamber of the Upper Tribunal has therefore decided this appeal. The changes in the 2007 Act do not affect the substantive law relating to entitlement to social security benefits and recovery of overpayments. However, as well as...

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