The claimant had received an overpayment of disability living allowance. That benefit had been suspended on discovery of the mistake. When he began to be entitled again after a re-determination, the Secretary of State treated the original overpayment a a payment on account.
Held: The claimant’s appeal succeeded. To deal with the matter in the way chosen by the respondent would lead to arbitrary results without any logic.
Judges:
Lord Justice Waller
Citations:
[2006] EWCA Civ 89, Times 04-Apr-2007
Links:
Jurisdiction:
England and Wales
Benefits
Updated: 17 October 2022; Ref: scu.248805