Decision Summary Information

Neutral Citation Number:	2016 UKUT 178 AAC
Reported Number:
File Number:	CIS 30 2015
Appellant:	VT
Respondent:	Secretary of State for Work and Pensions (IS)
Judge/Commissioner:	Judge M. Rowland
Date Of Decision:	11/04/2016
Date Added:	27/04/2016
Main Category:	Recovery of overpayments
Main Subcategory:	civil penalties
Secondary Category:
Secondary Subcategory:
Notes:	Reported as [2016] AACR 42. Recovery of overpayments – civil penalty – whether discretionary Tribunal procedure and practice – whether right of appeal against the imposition of a civil penalty The claimant went abroad for two separate periods in order to receive medical treatment but failed to disclose either absence to the Department for Work and Pensions. The Secretary of State decided that she had received two recoverable overpayments of income support totalling over £2,000 for both periods and also decided to impose a civil penalty of £50 under section 115D of the Social Security Administration Act 1992 (the 1992 Act) in respect of the second overpayment on the ground that the claimant had no reasonable excuse for failing to notify the Department of her absence abroad. The First-tier Tribunal (F-tT) dismissed the claimant’s appeal in her absence despite her request for a postponement due to ill-health. The Upper Tribunal gave permission to appeal in relation to the imposition of a civil penalty.
Decision(s) to Download:	[2016] AACR 42ws.doc