Child Poverty Action Group, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 27 Feb 2009

Challenge to defendant’s practice in seeking recovery of overpayments.
Held: The court refused to grant a declaration that the respondent could not use common law or equitable powers to recover over-payment of benefits where the payee had neither misrepresented his position, nor otherwise been at fault.

Judges:

Michael Supperstone QC

Citations:

[2009] EWHC 341 (Admin), [2009] 3 All ER 633

Links:

Bailii

Statutes:

Social Security Administration Act 1992 71

Jurisdiction:

England and Wales

Cited by:

Appeal fromChild Poverty Action Group, Regina (on the Application of) v Secretary Of State for Work and Pensions CA 14-Oct-2009
CPAG appealed against a refusal of a declaration that the respondent could use only the 1992 Act to recover overpayment of benefits where there had been neither misrepresentation nor non-disclosure.
Held: The appeal succeeded, and the court . .
At First InstanceThe Child Poverty Action Group v Secretary of State for Work and Pensions SC 8-Dec-2010
The Action Group had obtained a declaration that, where an overpayment of benefits had arisen due to a miscalculation by the officers of the Department, any process of recovering the overpayment must be by the Act, and that the Department could not . .
Lists of cited by and citing cases may be incomplete.

Benefits

Updated: 07 August 2022; Ref: scu.311766