Balding, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 3 Apr 2007

The claimant sought judicial review of the respondent’s decision that he was liable, after his discharge from bankruptcy, to suffer deductions from his benefits of sums to repay an overpayment of benefit incurred before his bankruptcy.
Held: The respondent’s claim under section 71(1) was a bankruptcy debt, and as such was subject to release on the claimant’s discharge.
Latham LJ, Davis J
[2007] EWHC 759 (Admin), Times 01-May-2007, [2007] 4 All ER 422, [2007] BPIR 864, [2007] 1 WLR 1805
Social Security Administration Act 1992 71(1), Insolvency Act 1986 382(4)
England and Wales

Updated: 05 May 2021; Ref: scu.250699