Recovery of overpayment – overpayment due to innocent failure to disclose a material fact – whether recoverable
A widow who claimed and received supplementary benefit failed to disclose to the local office of the Department of Social Security that she had received widows benefit. As a consequence there was an overpayment of supplementary benefit. It was accepted that her failure to disclose was wholly innocent. The Commissioner rejected the claimant’s argument that on its true construction section 53(1) of the Social Security Act 1986 does not catch innocent misrepresentation or innocent failure to disclose. On 24 June 1991 the Court of Appeal (Dillon, Woolf and Leggatt LJJ) dismissed an appeal by the claimant and held that:
the wording of section 53(1) was plain and unambiguous and covers innocent as well as fraudulent misrepresentation and non-disclosure.
Judges:
Dillon, Woolf and Leggatt LJJ
Citations:
[1991] UKSSCSC CSB – 72 – 1990
Links:
Statutes:
Social Security Act 1986 53(1)
Benefits
Updated: 15 July 2022; Ref: scu.269608
