The Public and Third Sector Law Reports
[2023] PTSR 85
King’s Bench Division
Rex (Timson)
v
Secretary of State for Work and Pensions
[2022] EWHC 2392 (Admin)
2022 July 19, 20; Sept 23
Cavanagh J
Social security— Welfare benefits— Third party deductions— Claimant’s benefits subject to third party deductions in respect of unpaid utility debts— Challenge to Secretary of State’s guidance to decision-makers responsible for deciding whether making of deductions in benefit claimant’s interests— Whether guidance unlawful in stating claimant’s consent or objection to deduction material consideration— Whether claimant to be given opportunity to make representations and provide information before deduction decision taken— Whether policy approach breaching claimant’s Convention rights—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 14, Pt II, art 1
—
Social Security (Claims and Payments) Regulations 1987 (SI 1987/1968), reg 35(1), Sch 9, paras 6, 7