Secretary of State for Work and Pensions v NS
| Jurisdiction | UK Non-devolved |
| Judge | Judge Church |
| Neutral Citation | [2024] UKUT 5 (AAC) |
| Published date | 01 February 2024 |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
1
Secretary of State for Work and Pensions v NS
[2024] UKUT 5 (AAC)
IN THE UPPER TRIBUNAL Appeal Nos. UA-2021-000249/250-ESA
ADMINISTRATIVE APPEALS CHAMBER
On appeal from the First-tier Tribunal (Social Entitlement Chamber)
Between:
Secretary of State for Work and Pensions Appellant
- v –
NS Respondent
Before: Upper Tribunal Judge Church
Decided following an oral hearing at Field House, London on 19 April 2023
Representation:
Appellant: Ms Wakeman of counsel, instructed by GLS
Respondent: Mr Rylatt, of counsel, acting on a direct access basis
DECISION
The decision of the Upper Tribunal is to allow the appeal.
The decision of the First-tier Tribunal made on 11 May 2020 was materially in
error of law both in respect of the recoverability of the overpayment made to
the Claimant and in respect of the imposition of a civil penalty on the Claimant.
The decision of the First-tier Tribunal in respect of entitlement to Employment
and Support Allowance was not appealed and is unchanged by this decision.
Although the First-tier Tribunal’s decision in respect of the Secretary of State’s
imposition of a civil penalty involved a material error of law I do not exercise
my discretion to set it aside.
Under section 12(2)(a) and (b)(ii) of the Tribunals, Courts and Enforcement Act
2007 I set the First-tier Tribunal’s decision in respect of the recoverability of the
overpayment aside, and I remake the decision as follows:
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