Social Security Case Law - Winter 2024

Summaries of recent cases on social security law and practice.

TC v Department for Communities (ESA) [2024] NICom01

You can read the full judgment ‘here‘.

Headnote

The Department does not have to address a misrepresentation or failure to disclose a material fact before a sum can be held to be recoverable in “new style” ESA (contribution based) claims – ultimately, a claimant who has done everything required to do can still be held responsible for the recoverability of an overpayment.

(It should be noted that recoverability still depends on showing misrepresentation or failure to disclose in “old style” ESA claims as well as legacy means tested benefits.)

Case Overview

The Commissioner was tasked to determine the correct interpretation of Section 69(ZB) of the Social Security Administration Act (Northern Ireland) in relation to an overpayment of Employment and Support Allowance where the claimant did everything they were required to. The Department’s submission identified three key decisions which considered this issue as noted below.

Relevant Case Law

LP v Secretary of State for Work and Pensions [2018] UKUT 332 (AAC)
Department for Communities v SM (ESA) [2022] NI Com 22
A1/23-24(ESA)