REW, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 13 Jun 2008

The claimant sought permission to bring judicial review of decisions of the Child Support Agency. He said that his payments should have been reduced for a period when he was in receipt of job seeker’s allowance. A liability order had been made against him, but for a later period.
Held: Leave was refused. The admission that the liability order related to a different period meant that the decision to enforce the liability order was not reviewable. Nevertheless the court considered the responsibility of different sections of the same department to take account of decisions about the same person. The Agency said that by the time it became aware of the payment of benefits, the 1991 Act precluded it from making a re-assessment. This was correct.

Andrew Nichol QC J
[2008] EWHC 2120 (Admin)
Child Support Act 1991 16 17
England and Wales
CitedKerr v Department for Social Development (Northern Ireland) HL 6-May-2004
Wrongful Refusal of Benefits
The claimant was estranged from his family, but claimed re-imbursement of the expenses for his brother’s funeral. The respondent required him to establish that none of his siblings was in a better position than he to pay for the funeral, but he had . .
CitedHinchy v Secretary of State for Work and Pensions HL 3-Mar-2005
The applicant had been dependent upon income support, and had then come to receive Disability Living Allowance (DLA). She therefore received additional income support, but the office did not adjust that benefit down when her DLA stopped. The . .

Lists of cited by and citing cases may be incomplete.

Child Support, Benefits

Leading Case

Updated: 01 November 2021; Ref: scu.276233