| Source: | All England Reporter |
| Publisher Citation: | [2009] All ER (D) 159 (May) |
| Neutral Citation: | [2009] EWHC 1096 (Admin) |
| Court: | Queen's Bench Division, Administrative Court (London) |
| Judge: | Wyn Williams J |
| Representation | The claimant appeared in person. |
| Rory Dunlop (instructed by the Official Solicitor, Department for Work and Pensions) for the interested party. | |
| Judgment Dates: | 19 May 2009 |
Catchwords
Social security - Incapacity benefit - Overpayment - Appeal tribunal finding claimant capable of working and overpayment recoverable - Social security commissioner deciding case to be redetermined - Appeal tribunal subsequently holding claimant not entitled to incapacity benefit and liable to repay benefit - Commissioner refusing permission to appeal - Whether commissioner erring.
The Case
Social security Incapacity benefit. Queen's Bench Division, Administrative Court (London): Where the claimant had been overpayed incapacity benefit which was recoverable from him, the social security commissioner had been correct to refuse the claimant permission to appeal and had been correct in refusing to set aside his decision.
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