Overpayment and Recovery in UK Law

Leading Cases
  • R (Balding) v Secretary of State for Work and Pensions
    • Queen's Bench Division (Administrative Court)
    • 03 Abr 2007

    That will no doubt be so if the Secretary of State has actually elected – as he did in this case—to recoup the overpaid benefit by deduction at source from subsequent prescribed benefits. As I see it, the liability to repay cannot be said to be not a "bankruptcy debt" (as defined) if one form of recovery – viz by deduction under s.71(8) or s.78(2) – is adopted but can be a "bankruptcy debt" if another form of recovery is adopted.

  • B v Secretary of State for Work and Pensions
    • Court of Appeal (Civil Division)
    • 20 Jul 2005

    I consider that the argument falls at the first fence, because it does not appear to me that any possessions of the appellant are at stake. What the Secretary of State is claiming is an entitlement to recover money which should not have been paid to the appellant in the first place. But the recovery of overpaid benefits, for the reason I have given, seems to me to stand outside this question and by parity of reasoning outside art 1P1.

  • R (Cooper) v Secretary of State for Work and Pensions
    • Queen's Bench Division (Administrative Court)
    • 26 Jul 2010

  • R (DFS Furniture Company Plc) v Commissioners of Customs and Excise
    • Queen's Bench Division (Administrative Court)
    • 22 Mar 2002

  • R (Child Poverty Action Group) v Secretary of State for Work and Pensions
    • Supreme Court
    • 08 Dic 2010

    Since the Secretary of State paid the benefit awarded pursuant to a statutory duty, there could be no question of his having made a mistake of fact or law in making the payment. This explains too why section 71 contains no express exclusion of any common law right of recovery: there simply was none and it is hardly surprising that no such exclusion was inserted in 1998 when the adjudicatory and payment functions merged.

    The question is not whether there are any differences between the common law remedy and the statutory scheme. The court should not be too ready to find that a common law remedy has been displaced by a statutory one, not least because it is always open to Parliament to make the position clear by stating explicitly whether the statute is intended to be exhaustive.

  • Day v Haine and Another
    • Chancery Division
    • 19 Oct 2007

See all results
See all results
Books & Journal Articles
See all results
Law Firm Commentaries
  • Overpayment Of Benefits: Limits On Recovery
    • Mondaq UK
  • Pensions in Dispute February 2018
    • JD Supra United Kingdom
    Welcome to our quarterly pensions litigation briefing, designed to help pensions managers identify key risks in scheme administration, and trustees update their knowledge and understanding. This br...
    ......Change of position – can a member . keep an overpayment? . Where a pension has been overpaid the starting point is . to try and ...the scheme for recovery. Two recent cases considered . the most common defence, known as “change ......
  • Difficulties In Recovering Overpayments
    • Mondaq United Kingdom
    ......be payable to the employer. If a standard form of contract is not used, the recovery of any. overpayment can be problematic (as it was in Furmans v Elecref). It. may be that money is only recoverable if the employer mistakenly. made ......
  • Pensions Snapshot - April 2018
    • Mondaq UK
    ...... the Code? Pensions Ombudsman Determination - Mr Y (PO-10171): recovery of overpayments From Green to White Court of Appeal upholds High Court ......
See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT