R (Timson) v Secretary of State for Work and Pensions

Subject Matter

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

[2022] EWHC 2392 (Admin); [2023] PTSR 85; [2022] WLR(D) 380, KBD

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 permitting deduction decision to be made without first giving claimant opportunity to make representations and provide information — Social Security (Claims and Payments) Regulations 1987 (SI 1987/1968), reg 35(1), Sch 9

[2023] EWCA Civ 656; [2023] PTSR 1616; [2023] WLR(D) 277, CA

Appellate History

Commentary

Local Government Lawyer
Benefit claimant wins High Court challenge over DWP policy approach to “Third Party Deductions” Case comment