Help to find benefit overpayment high court case

Wig

There was a case recently lost by the benefit claimant. I don't know but I think High Court/SupremeCourt. in late 2017 or early 2018.

The case was about overpayment of one benefit being recoverable due to changes to a second benefit.

The argument was it was all one DWP so they were not responsible.

The DWP won the case, clarifying that claimant's have to inform all benefits individually of changes to other benefits.

Can you tell me what the name of the court case was please?

calcotti

There was this one back in 2005 https://www.disabilityrightsuk.org/hinchy-v-secretary-state-work-and-pensions-2005

calcotti

Possibly this is relevant too https://assets.publishing.service.gov.uk/media/5c1cc34fed915d730928e378/CE_1600_2018-00.pdf

Wig

I thank you for both of those. The second must be the one I was looking for. But they are both important. I had found the first myself but did not follow through to read it as it was 2005. But I am glad now you provided the link so I have read them both now.

Wig

Calcotti,

has any precedent been set for the ESA office having received the notification from DLA stopping but nonetheless failing to remove the DLA from the record and still deciding to recover the ESA overpayment?

Both those case judgments indicate that the ESA could still recover under this scenario esp see para 9 in the UKUT.

calcotti

Wig wrote: »

Calcotti,

has any precedent been set for the ESA office having received the notification from DLA stopping but nonetheless failing to remove the DLA from the record and still deciding to recover the ESA overpayment?

Both those case judgments indicate that the ESA could still recover under this scenario esp see para 9 in the UKUT.

My understanding of the rulings is that even if ESA have received the information internally but did not respond and therefore official error could be said to have contributed to the overpayment they are still allowed to recover if the claimant did not themselves notify. If the claimant did notify and ESA did not respond to the information then official error caused the overpayment and it cannot be recovered.

However this is not something I have come across so there may be other information I am not aware of.