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Overpayment of State Pension

ClaraD
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Technical Advice and Support/Age UK

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Joined: 23 January 2023

Hi,

we have an enquiry about an overpayment of the adult dependency increase in a client’s State Pension that continued in payment for years in error after Carer’s Allowance was claimed.

The adviser quoted SK v Dept for Communities (ESA) C9/20-21 (ESA) in her tribunal submisssion. To make an argument about the information the DWP already had access to digitally.

The Judge has issued a direction asking the DWP to respond about the progress or outcome of a similar case due to be heard by a three judge panel hearing.

I just wondered if anyone might know which case this might be referring to?

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Elliot Kent
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Shelter

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I think the answer to the judge’s question is at para 11 of MW v SSWP (ESA) [2023] UKUT 50 (AAC) (probably worth your colleague reading in any event)

On 20 June 2022 the Registrar directed that the claimant’s appeals be stayed until the final decision in UA-2021-001261-RP or until further order. The appeal in that case was due to be heard on 6 October 2022, but on 2 September 2022 the Secretary of State sought consent to withdraw that appeal, to which the Upper Tribunal consented on 6 September 2022. The Secretary of State was reviewing other cases which were before the Upper Tribunal, in order to identify cases which raised issues related to the judgment in SK v Department for Communities (ESA) [2020] NiCom 73. He stated that, if it would assist, he could provide the Upper Tribunal with a written update on that case and on the review generally. Accordingly, on 6 September 2022 I directed that, for the time being, the stay in the claimant’s proceedings should remain in force, but the Secretary of State was directed to provide the Upper Tribunal with a written update on the review of the claimant’s case and on the review generally

ClaraD
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Technical Advice and Support/Age UK

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Total Posts: 2

Joined: 23 January 2023

Thanks so much Elliot, that is really helpful.