The Secretary of State for Work and Pensions v M Cotter

Facts

MC had been in receipt of Incapacity Benefit from 13 July 2005 and, from 28 November 2005, of an index-linked occupational pension which she did not disclose to the Secretary of State for Work and Pensions. She was sent and received a BF140 form sometime between January and April 2007 but did not respond by disclosing the pension. On 24 October 2011 the Secretary of State began converting her Incapacity Benefit to Employment and Support Allowance, which was awarded from 9 November 2011. On 3 December 2018 MC completed form ESA3 as part of a special exercise, disclosing the pension; the Secretary of State received it on 6 December 2018 but failed to act on it. At an interview under caution on 11 March 2020 MC explained that she had not realised the Department did not know of her pension. The First-tier Tribunal (Social Entitlement Chamber) at Bradford heard four linked appeals on 2 November 2023. It held the Incapacity Benefit overpayment of £16,295.90 recoverable for the period 16 April 2007 to 8 November 2011, but held the agreed Employment and Support Allowance overpayment of £27,244.64 for 9 November 2011 to 4 December 2018 irrecoverable, no duty of disclosure having arisen in respect of that benefit. The Secretary of State appealed against that decision only.