Looking for case law on duty to disclose

Hi all,

I’m looking some information on what the current case law position is on a person’s duty to disclose where the instruction leaflet is in english and the person doesn’t speak/read english. I’m aware of some the older cases on this point but just wondering if it’s been looked at more recently, maybe post-Hooper?

HMRC are relying on a 1974 decision in a Child Benefit overpayment case R(S) 2/74, which was actually on good cause, and I know there are cases more recent than this at least!

Any help would be greatly appreciated.

Hi Lee

Since B v Secretary of State, reported as R(IS) 9/06, the capacity of the claimant to understand (in this case on the basis of language) is irrelevant in determining whether the claimant might reasonably be expected to know that a change of circumstance would affect their benefit, in order to be in breach of duty under Reg 32 Claims & Payments Regs.  Focus has shifted in case law therefore towards the quality of the instruction given to the claimant, and whether it was clear and unambiguous or not.  Hooper is therefore still relevant in this regard.  Therefore I think the argument is potentially stronger if you can show that the information the client had previously been given, was not clear and unambiguous, or that the material fact was already known to the DWP and so disclosure was not necessary (CIS/4422/2002).  See the discussion in Sweet and Maxwell social security legislation (Vol 3) - in particular pages 75 - 80)

However CPAG handbook p.1072, seems to suggest illness could be used as an “arguable” reason for not realising a person’s benefit might be affected, and the footnote refers to DG v SSWP [2009] UKUT 120 (AAC), which I have not had the chance to read, but which I take it, goes against the grain of decisions post-B?......