KR v The Secretary of State for Work and Pensions
[2023] UKUT 202 (AAC)
SL v The Secretary of State for Work and Pensions
20 June 2024
[2024] UKUT 228 (AAC)
Upper Tribunal
A person was wrongly told they owed money for carer's allowance. The judge agreed that mistakes were made in how much they earned and what they told the government. The case will be looked at again by a different judge to decide if the person really owes the money.
Key Facts
- •Appeal against two First-tier Tribunal (FTT) decisions concerning carer's allowance overpayment.
- •FTT upheld overpayment of £4,953.90 and its recoverability.
- •Appellant claimed she informed the DWP of starting part-time work.
- •Dispute over calculation of earnings under Regulation 8 of the Social Security Benefit (Computation of Earnings) Regulations 1996.
- •Appellant argued for yearly earnings calculation (Regulation 8(3)), while FTT used monthly calculation (Regulation 8(1)(b)(i)).
- •FTT rejected Appellant's evidence of informing the DWP about her employment.
Legal Principles
Calculation of weekly earnings for carer's allowance when paid monthly and earnings fluctuate.
Regulation 8 of the Social Security Benefit (Computation of Earnings) Regulations 1996
Standard of review for FTT decisions; Tribunals must exercise their own discretion and not simply review the rationality of the Secretary of State's decision.
Tribunals, Courts and Enforcement Act 2007, section 12(2)(a) and (b)(i)
Outcomes
Appeals allowed.
FTT materially erred in law by misdirecting itself on the application of Regulation 8(3) and failing to adequately consider the Appellant's evidence regarding notification of employment.
FTT decisions set aside.
Errors of law identified in the calculation of earnings and assessment of evidence regarding notification of employment.
Case remitted to a new FTT for reconsideration.
To ensure a fresh consideration of the evidence and application of the law without being bound by the previous tribunal's decisions.