In the estate of ES (deceased)
| Jurisdiction | UK Non-devolved |
| Judge | Judge Wikeley |
| Neutral Citation | [2022] UKUT 48 (AAC) |
| Subject Matter | Wikeley,N |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Published date | 28 March 2022 |
In the estate of ES (deceased) (FRP)
[2022] UKUT 48 (AAC)
1
IN THE UPPER TRIBUNAL Appeal No. UA-2019-001376-FRP
ADMINISTRATIVE APPEALS CHAMBER Formally CFP/1198/2019
On a reference from Secretary of State for Work and Pensions
In the estate of E.S.
Before: Upper Tribunal Judge Wikeley
Decision date: 14 February 2022
Decided on consideration of the papers
Representation:
Referrer: Mrs D Dean, DMA, Department for Work and Pensions
Respondent: Ms KS (daughter)
DECISION
(1) This decision of the Upper Tribunal is given under section 4(1A) of the
Forfeiture Act 1982.
(2) Subject to (3) and (4) below, the forfeiture rule as defined in section 1 of
the Forfeiture Act 1982 applies as a result of the late claimant’s
involvement in the death of her late husband.
(3) The forfeiture rule applies to the underpayment of retirement pension
amounting to £78,433.84 for the period from 19 June 1989 to 25 March
2018.
(4) However, I modify the effect of the rule so that the rule applies only to
one-quarter of the above sum.
(5) I remit the case to the Secretary of State for a determination of the
amount payable to the estate in the light of my decision.
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