The claimant had been required to repay an overpayment of incapacity benefits having taken up part time work without notifying the respondent. He now said that a fact sheet issued by the respondent was insufficiently clear and unambigous as to allow a recoupment.
Held: The claimant’s appeal succeeded. The words ‘you should fill in the application form’ and ‘you should tell the office’ were not the language of clear and unambiguous mandatory requirement.
Citations:
[2007] EWCA Civ 495, Times 27-Jun-2007
Links:
Statutes:
Social Security (Incapacity for Work) Act 1994, Social Security (Claims and Payments) Regulations 1987 (1987 No 1968) 32(1)
Jurisdiction:
England and Wales
Benefits
Updated: 11 July 2022; Ref: scu.252525