The Secretary of State for Work and Pensions v GK (ESA)
[2023] UKUT 273 (AAC)
ST (by his appointee TT) v Secretary of State for Work and Pensions (ESA)
6 June 2024
[2024] UKUT 167 (AAC)
Upper Tribunal
A son got extra money with his benefits because his mum cared for him. His mum later got other benefits. The government decided the son shouldn't have got the extra money and it was his mum's fault for not telling them she got other benefits. The court agreed.
Key Facts
- •ST received income-related ESA (ESA(IR)) including Severe Disability Premium (SDP) from 15 September 2014.
- •ST's mother, TT, received Carer's Allowance (CA) for ST from 2 September 2019 to 29 November 2020.
- •TT subsequently claimed and received New Style ESA (ESA(NS)) from 7 February 2020.
- •The DWP determined ST was not entitled to SDP from 6 September 2019 to 26 November 2020 due to TT receiving CA, resulting in a £4250.70 overpayment.
- •The First-tier Tribunal (FtT) dismissed ST's appeals against both the entitlement and overpayment decisions.
- •The Upper Tribunal granted permission to appeal.
Legal Principles
Entitlement to SDP is conditional on not receiving Carer's Allowance.
Employment and Support Allowance Regulations 2008, regulation 67(1) and Schedule 4, paragraph 6(2)(a)(iii)
Where overlapping benefits are payable, the non-contributory benefit is adjusted by deducting the contributory benefit.
Social Security (Overlapping Benefits) Regulations 1979, regulation 4(5)(a)
Overpayments are recoverable if they resulted from misrepresentation or failure to disclose material facts.
Social Security Administration Act 1992, section 71
"In receipt of", regarding benefits, means actual receipt, not just payability.
DB (as executor of the estate of OE) v SSWP and Birmingham CC (SPC) [2018] UKUT 46 (AAC)
Outcomes
The Upper Tribunal refused the appeal.
TT was in receipt of CA during the relevant period, despite ESA(NS) making CA no longer payable. The overpayment was recoverable due to TT's failure to disclose receipt of CA, which affected ST's entitlement.