Upper Tribunal (Administrative Appeals Chamber)

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You are here: BAILII >> Databases >> Upper Tribunal (Administrative Appeals Chamber) >> RS v Secretary of State for Work & Pensions (ESA) (Employment and support allowance, Recovery of overpayments) [2021] UKUT 112 (AAC) (31 January 2021)
URL: http://www.bailii.org/uk/cases/UKUT/AAC/2021/112.html
Cite as: [2021] UKUT 112 (AAC)

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RS v Secretary of State for Work & Pensions (ESA) [2021] UKUT 112 (AAC) (31 January 2021)

This decision seeks to explain the legal mechanism by which a person who was entitled to the contributions-based element of Employment Support Allowance is awarded the income-based element. It also highlights a number of shortcomings in Department for Work and Pensions practices regarding record-keeping, conduct of interviews under caution in overpayment cases and the provision of documentary evidence to the First-tier Tribunal. The decision expresses concern at the DWP's apparent inability to explain to the First-tier Tribunal the meaning of certain decision-making codes used in the 'notepad' entries that record claimant contacts and actions taken on awards.

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