Victoria Shaw v Secretary of State for Work and Pensions

Facts

The appellant, Victoria Shaw, was subject to two decisions of the Department for Work and Pensions dated 2 January 2019, which stated that she had been overpaid £16,092.46 in Income Support and £247.53 in Jobseeker's Allowance. The benefits had been stopped following an allegation of identity fraud, which the appellant disputed. She appealed the overpayment decisions to the First-tier Tribunal (Social Entitlement Chamber) on 1 August 2023 (Income Support) and 8 August 2023 (Jobseeker's Allowance). After submissions and case management directions, the First-tier Tribunal struck out both appeals on 8 November 2024 as lodged out of time. It found no good reason for the delay and no exceptional factors justifying an extension. It had refused the appellant's request for an oral hearing of the strike out proposal, and she had not seen the Secretary of State's 88-page response to that proposal. The First-tier Tribunal refused permission to appeal on 31 May 2025. The appellant applied directly to the Upper Tribunal, which granted permission on 27 March 2026 following an oral hearing. The Secretary of State supported the appeal and asked for remittal; the appellant asked for the decision to be re-made.