Commissioner's File: CIS/12032/1996
SOCIAL SECURITY ADMINISTRATION ACT 1992
SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS ACT 1992
APPEAL FROM DECISION OF SOCIAL SECURITY APPEAL TRIBUNAL ON A QUESTION OF LAW
DECISION OF THE SOCIAL SECURITY COMMISSIONER
"On 13.1.92 I reviewed an award of Income Support and on that date decided that the resulting overpayment was recoverable. I have reviewed that decision where it applies to the determination of the overpayment and its recoverability. I am satisfied that the decision was based on a mistake as to a material fact. My revised decision for the period from 1.3.89 to 7.3.89 (both dates included) is that the claimant is entitled to a reduced amount of Income Support from 8.3.89 to 16.4.91 and from 7.6.91 to 15.10.91 (all dates included) the claimant is not entitled to Income Support. As a result an overpayment of Income Support has been made from 1.3.89 to 15.10.91 (both dates included) amounting to £12,247.71. On 3.3.89 or as soon as practicable afterwards [the claimant] failed to disclose the material fact that his wife .. was in receipt of earnings ... On 7.6.91 or as soon as practicable afterwards [the claimant] failed to disclose the material fact that his wife was in remunerative employment with ... As a consequence Income Support amounting to £12,247.71 from 1.3.89 to 15.10.91 (both dates included) as detailed below was paid which would not have been paid but for the failure to disclose. Accordingly, that amount is recoverable from [the claimant] .. Social Security Administration Act 1992, sections 25(1)(a) and 71(1), (2), (3) and (5)."
"I support the appeal's first ground that there has been a failure to record the evidence. I submit for an appeal hearing that lasted over two hours the chairman's notes of evidence is lacking in detail. I submit that failure to record a note of evidence is an error of law."
(Signed) M J Goodman
(Date) 13 January 1998