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.
Judges:
Mummery, Smith, Toulson LJJ
Citations:
[2010] EWCA Civ 1431, [2011] BPIR 223, [2011] 1 WLR 1723, [2011] PTSR 912
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Payne and Another, Regina (on The Application of) v Secretary of State for Work and Pensions Admn 26-Jul-2010
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 . .
Cited by:
Appeal from – 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: 29 August 2022; Ref: scu.427270
