Upper Tribunal (Administrative Appeals Chamber), March 09, 2009, [2009] UKUT 47 (AAC)

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Upper Tribunal (Administrative Appeals Chamber), March 09, 2009, [2009] UKUT 47 (AAC)

[2009] UKUT 47 (AAC)

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CIB/8/2008

[2009] UKUT 47 (AAC) (09 March 2009)

Main Category: Incapacity benefits

IN THE UPPER TRIBUNAL Appeal No. CIB/8/2008

ADMINISTRATIVE APPEALS CHAMBER

Before S M Lane

Decision: My decision is given under section 12(2)(a) and (b)(ii) of the Tribunals, Courts and Enforcement Act 2007:

I SET ASIDE the decision of the Liverpool Tribunal, held on 23/10/07 under reference 069/07/00367 because it was contains an on a point of law and RE-MAKE the decision:

(i) The appellant is liable for an overpayment of Sickness, Invalidity and Incapacity Benefit of £1792.86. The overpayment is recoverable from him.

(ii) There has been a breach of Article 6(1) because the appellant was not accorded a hearing in reasonable time. The Upper Tribunal declines to grant the remedy requested by the appellant.

(iii) There has been no breach of Article 6(1) in respect of the right to a fair trial.

REASONS FOR DECISION

1. This appeal has been transferred to the Upper Tribunal (Administrative Appeals Chamber) under the Transfer of Tribunal Functions Order 2008 (SI2008/2833). Upper Tribunal Judge Lloyd-Davies, sitting as a Social Security Commissioner, gave the appellant leave to appeal and issued extensive directions du...

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