The Secretary of State sought recovery of overpayment of benefits from an adult with a mental capacity described as below borderline.
Held: The claimant had severe learning disabilities, but nobody had been appointed to handle her affairs. She had been receiving benefits for herself and her children, but her children were then removed from her care. She did not appreciate the need to inform the respondent, but the department claimed that the liability for non-disclosure was strict. There was a lacuna exposed in the secretary’s powers to mitigate the consequences in such exceptional circumstances, but the claimant’s appeal failed.
Judges:
Buxton LJ, Sedley LJ, Sir Martin Nourse
Citations:
[2005] EWCA Civ 929, Times 16-Sep-2005
Links:
Statutes:
Social Security (Claims and Payments) Regulations 1987 32
Jurisdiction:
England and Wales
Benefits
Updated: 01 July 2022; Ref: scu.228917