Upper Tribunal (Administrative Appeals Chamber)

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You are here: BAILII >> Databases >> Upper Tribunal (Administrative Appeals Chamber) >> MS v Secretary of State for Work and Pensions (DLA and PIP) (Recovery of overpayments, Tribunal procedure and practice) [2021] UKUT 41 (AAC) (17 February 2021)
URL: http://www.bailii.org/uk/cases/UKUT/AAC/2021/41.html
Cite as: [2021] UKUT 41 (AAC)

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MS v Secretary of State for Work and Pensions (DLA and PIP) [2021] UKUT 41 (AAC) (17 February 2021)

Claimant awarded Disability Living Allowance continuously with effect from start of DLA scheme in early 1990s - Secretary of State in 2008 superseded entitlement decision and imposed recoverable overpayment from January 2003 - Tribunal issued appellant with warning at start of hearing that it had power to go back to an earlier date - Appellant elected to proceed following short break to consider his position - Tribunal superseded DLA entitlement decision going back to October 1998 - Whether breach of natural justice - R(IB) 2/04, CDLA/884/2008, DH v Secretary of State for Work and Pensions (DLA) [2012] UKUT 330 (AAC), BK v SSWP [2009] UKUT 258 (AAC), BTC v SSWP (PIP) [2015] UKUT 155 (AAC) and Northern Ireland Commissioner's decision C15/08-09 (DLA) considered

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