The court was asked as to the lawfulness of the Secretary of State making deductions from ongoing social security benefit to recover the overpayment of incapacity benefit and the repayment of a social fund budgeting loan during the moratorium period of a debt relief order.
Held: The Secretary of state could not deduct the sums sought.
Judges:
Cranston J
Citations:
[2010] EWHC 2162 (Admin), [2010] BPIR 1389, [2010] ACD 99
Links:
Statutes:
Social Security Administration Act 1992 71, Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988 SI 1988/664, Social Security Contributions and Benefits Act 1992 138(1)(b), The Social Fund (Applications and Miscellaneous Provisions) Regulations 2008, Tribunals, Courts and Enforcement Act 2007
Cited by:
Appeal from – Secretary of State for Work and Pensions v Payne and Another CA 14-Dec-2010
Appeal by Secretary of State against judicial review finding unlawful the deductions made from the claimants’ social security benefit allowances after the claimants Debt Relief Order had come to an end.
Held: The appeal failed. . .
At first Instance – Secretary of State for Work and Pensions v Payne and Another SC 14-Dec-2011
The appellant sought to recover overpayments of benefits and Social Fund Loans, after the respondent had had a Debt relief order.
Held: The Secretary of State’s appeal failed. The ‘net entitlement principle’ argued for did not exist. The . .
Lists of cited by and citing cases may be incomplete.
Benefits, Insolvency
Updated: 23 August 2022; Ref: scu.421888