CT v Secretary of State for Work and Pensions
| Jurisdiction | UK Non-devolved |
| Judge | Judge Wikeley |
| Neutral Citation | [2021] UKUT 6 (AAC) |
| Subject Matter | Employment,support allowance - income-related ESA,Recovery of overpayments - civil penalties,Recovery of overpayments - failure to disclose,Wikeley,N |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Published date | 02 February 2021 |
CT v SSWP (ESA) [2021] UKUT 6 (AAC)
1
IN THE UPPER TRIBUNAL Appeal No. CE/2770/20219,
ADMINISTRATIVE APPEALS CHAMBER CE/145/2020 & CE/146/2020
On appeal from the First-tier Tribunal (Social Entitlement Chamber)
Between: Mr C.T. Appellant
- v –
Secretary of State for Work and Pensions Respondent
Before: Upper Tribunal Judge Wikeley
Decision date: 6 January 2021
Decided on consideration of the papers
Representation:
Appellant: In person but assisted by his father, now his appointee
Respondent: Mr W. Spencer, DMA, Department for Work and Pensions
DECISION
The decision of the Upper Tribunal is to allow all three appeals. The decisions of the
First-tier Tribunal made on 11 June 2019 under file numbers SC321/18/00281,
SC321/18/00282 and SC321/18/00283 were made in error of law. Under section
12(2)(a) and (b)(ii) of the Tribunals, Courts and Enforcement Act 2007, I set those
three decisions aside and remake them as follows:
The entitlement appeal (SC321/18/00283) is allowed. The Respondent’s
decision on 8 February 2018 is revised. The Appellant had reduced
entitlement to income-related employment and support allowance (IR-ESA)
from 25 February 2016 (and not from 28 January 2016) as he was in receipt of
an occupational pension.
The overpayment appeal (SC321/18/00281) is allowed. The Respondent’s
decision on 8 February 2018 is revised. The Appellant has been overpaid
income-related employment and support allowance, which is recoverable from
him, for the period (both dates included) from 25 February 2016 to 10 October
2017 (and not until 6 December 2017). This overpayment is recoverable as
the Appellant failed to disclose the material fact that he was in receipt of an
occupational pension.
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MW v Secretary of State and Work and Pensions (ESA)
...to explain why the discretion not to impose a civil penalty in this case was not exercised. UTJ Wikeley highlighted in CT v SSWP (ESA) [2021] UKUT 6 (AAC) (para 26) that the decision to impose a civil penalty is a discretionary one as indicated by the statutory wording of S.115D Social Secu......