Secretary of State for Work and Pensions v Balding: CA 13 Dec 2007

The Secretary of State appealed a decision that its reclaim of overpayments of benefit were no longer possible after the discharge from insolvency of the claimant. The overpayment had been reclaimed before bankruptcy.
Held: At the time of the bankruptcy the debt was not a contingent debt. The secretary of state had demanded its repayment, and it whether it was contingent could not be dependent on which method of recovery was later chosen.


Mummery, Thomas, Lloyd LJJ


[2007] EWCA Civ 1327, [2008] 1 WLR 564, [2008] 3 All ER 217, [2007] BPIR 1669




Social Security Administration Act 1992


England and Wales


CitedSteele, Regina (on the Application of) v Birmingham City Council and The Secretary of State for Work and Pensions CA 16-Dec-2005
The claimant had received an overpayment of benefits (Job seeker’s allowance), but then was made bankrupt. He now said that this was a debt in the bankruptcy.
Held: It was not. At the date of the bankruptcy order, the possible reclaim was not . .

Cited by:

ApprovedSecretary 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: 12 July 2022; Ref: scu.262113