The Secretary of State appealed a decision that its reclaim of overpayments of benefit were no longer possible after the discharge from insolvency of the claimant. The overpayment had been reclaimed before bankruptcy.
Held: At the time of the bankruptcy the debt was not a contingent debt. The secretary of state had demanded its repayment, and it whether it was contingent could not be dependent on which method of recovery was later chosen.
Judges:
Mummery, Thomas, Lloyd LJJ
Citations:
[2007] EWCA Civ 1327, [2008] 1 WLR 564, [2008] 3 All ER 217, [2007] BPIR 1669
Links:
Statutes:
Social Security Administration Act 1992
Jurisdiction:
England and Wales
Citing:
Cited – Steele, Regina (on the Application of) v Birmingham City Council and The Secretary of State for Work and Pensions CA 16-Dec-2005
The claimant had received an overpayment of benefits (Job seeker’s allowance), but then was made bankrupt. He now said that this was a debt in the bankruptcy.
Held: It was not. At the date of the bankruptcy order, the possible reclaim was not . .
Cited by:
Approved – Secretary of State for Work and Pensions v Payne and Another SC 14-Dec-2011
The appellant sought to recover overpayments of benefits and Social Fund Loans, after the respondent had had a Debt relief order.
Held: The Secretary of State’s appeal failed. The ‘net entitlement principle’ argued for did not exist. The . .
Lists of cited by and citing cases may be incomplete.
Benefits, Insolvency
Updated: 12 July 2022; Ref: scu.262113