You are here

R (on the application of CHILD POVERTY ACTION GROUP) v SECRETARY OF STATE FOR WORK & PENSIONS

Where a social security benefit falling within the Social Security Administration Act 1992 s.71(11) was paid pursuant to the machinery contained in the Social Security Act 1998, it could only be reclaimed from the claimant under s.71 of that 1992 Act, or some other specific statutory provision. Accordingly, the Secretary of State for Work and Pensions could not resort to common law to recover social security benefit which had been overpaid by mistake.

13 December 2010

The appellant secretary of state appealed against a decision ((2009) EWCA Civ 1058, (2010) 1 WLR 1886) that in relation to social security benefits that had been overpaid by mistake, the secretary of state could not resort to common law to seek recovery. The secretary of state enforced recovery of any overpayment of social security benefits under the Social Security Administration Act 1992 s.71 where it was determined that a person misrepresented or failed to disclose a material fact. The secretary of state then adopted a practice of writing letters to benefit claimants he considered had been overpaid benefit by mistake but who had neither misrepresented nor failed to disclose a relevant fact. The letters were accompanied by a document stating that the money was recoverable under common law. The Court of Appeal held that s.71 provided the sole circumstances in which the secretary of state was entitled to recover an overpayment made pursuant to an award; those included only cases whe...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.