MS v Secretary of State for Work and Pensions (DLA and PIP): UTAA 17 Feb 2021

Claimant awarded Disability Living Allowance continuously with effect from start of DLA scheme in early 1990s – Secretary of State in 2008 superseded entitlement decision and imposed recoverable overpayment from January 2003 – Tribunal issued appellant with warning at start of hearing that it had power to go back to an earlier date – Appellant elected to proceed following short break to consider his position – Tribunal superseded DLA entitlement decision going back to October 1998 – Whether breach of natural justice – R(IB) 2/04, CDLA/884/2008, DH v Secretary of State for Work and Pensions (DLA) [2012] UKUT 330 (AAC), BK v SSWP [2009] UKUT 258 (AAC), BTC v SSWP (PIP) [2015] UKUT 155 (AAC) and Northern Ireland Commissioner’s decision C15/08-09 (DLA) considered
[2021] UKUT 41 (AAC)
Bailii
England and Wales

Updated: 09 August 2021; Ref: scu.666392