Upper Tribunal (Administrative Appeals Chamber), May 27, 2009, [2009] UKUT 98 (AAC)

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Upper Tribunal (Administrative Appeals Chamber), May 27, 2009, [2009] UKUT 98 (AAC)

[2009] UKUT 98 (AAC)

GK v Secretary of State for Work and Pensions

CIS/2710/2008

IN THE UPPER TRIBUNAL Case No CIS/2710/2008

ADMINISTRATIVE APPEALS CHAMBER

Before UPPER TRIBUNAL JUDGE WARD

Attendances:

For the Appellant: Mrs S Burns (DIAL Peterborough)

For the Respondent Ms K Arnold, Solicitor

Decision: The appeal is allowed (though the outcome is of limited benefit to the claimant.) The decision of the Peterborough appeal tribunal given on 20 March 2008 was in error of law and is set aside. In exercise of the power conferred by sections 12(2)(b)(ii) and (4)(b) of the Tribunals, Courts and Enforcement Act 2007 I remake the decision, having made such findings of fact as I consider appropriate, in the following terms.

On 5 March 2005 or as soon as practicable thereafter, the claimant failed to disclose the material fact that his underlying entitlement to carer's allowance for his mother had ceased.

As a consequence, income support was overpaid to him from 5 March 2005 to 18 October 2005 (both dates included) and is recoverable from the claimant.

The amount of such overpayment is to be re-calculated by the Secretary of State and the claimant may apply to me to resolve any dispute as to the amount within one month of being notified of the amount by the Secretary of State.

REASONS FOR DECISION

1. The claimant, who was born in 1949 and who is a registered blind person, appeals against a decision of the appeal tribunal given on 20 March 2008, which upheld a decision of the Secretary of State that he had been overpaid income support for the period 16 ...

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