Secretary of State for Work and Pensions v TR

Facts

The respondent, referred to as TR and protected by an anonymity order because she is a vulnerable adult, was in receipt of income-related Employment Support Allowance. The appeal concerned her entitlement between 10 June 2015 and 29 November 2022. She was overpaid £889.20 for that period after receiving a discretionary payment of £903.22 from her former partner's occupational pension scheme. The First-tier Tribunal (Social Entitlement Chamber, sitting at Scarborough, Tribunal Judge S L Finch) found that TR only became aware of the payment shortly before November 2022 and notified DWP and HMRC soon afterwards. By its decision of 17 February 2025, with a Statement of Reasons issued on 18 March 2025, it held that the overpayment was not recoverable under section 71 of the Social Security Administration Act 1992, because there had been no misrepresentation or failure to disclose on her part. The Secretary of State for Work and Pensions appealed, with permission granted by the First-tier Tribunal. The sole ground was that recovery had been sought under section 74 of the Social Security Administration Act 1992, not section 71 of the Social Security Administration Act 1992, and that the First-tier Tribunal had failed to consider it. The appeal was decided on the papers.