WS v Secretary of State for Work and Pensions
[2023] UKUT 81 (AAC)
CB (as executor of YB’s estate) v The Secretary of State for Work and Pensions
26 August 2024
[2024] UKUT 257 (AAC)
Upper Tribunal
Someone died, leaving behind overpaid pension money. A lower court ruled against the executor, but a higher court found the lower court didn't properly check for all the facts and sent the case back for a new, fair hearing.
Key Facts
- •Appeal against First-tier Tribunal (Social Entitlement Chamber) decision regarding recoverability of pension credit overpayments.
- •Overpayments resulted from misrepresentations by the deceased (YB) regarding capital.
- •Appeal concerned five pension credit claims spanning May 2005 to August 2020.
- •Total overpayment: £18,052.38.
- •Appellant: Ms CB (executor of YB's estate).
- •Respondent: The Secretary of State for Work and Pensions.
- •First-tier Tribunal dismissed the appeal, relying on evidence other than actual claim documentation.
- •Upper Tribunal granted permission to appeal on Ground 2 (failure to explore available evidence) relating to claim 5.
Legal Principles
The First-tier Tribunal has an inquisitorial jurisdiction and should explore the availability of evidence, even if an adjournment wasn't formally requested.
Upper Tribunal Judge Perez's decision
Recoverability of overpayments under section 71(1) of the Social Security Administration Act 1992.
Social Security Administration Act 1992
Outcomes
Appeal allowed in relation to claim 5.
The First-tier Tribunal erred in law by failing to explore the availability of evidence relating to claim 5 before making its decision. The Tribunal should have investigated the possibility of obtaining further evidence.
Remittal to a freshly constituted First-tier Tribunal panel to rehear claim 5.
To ensure a fair hearing and proper consideration of all available evidence regarding claim 5. The Secretary of State is to either provide all available evidence or confirm a comprehensive search has been conducted.