Index card R (K) v Secretary of State for Work and Pensions

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

Hearings

England & Wales

07 Feb 2023 [2023] EWHC 233 (Admin); [2023] PTSR 729; [2023] WLR(D) 74, KBD (Steyn J)

Subject Matter

SOCIAL SECURITY — Welfare benefits — Universal credit — Claimant mistakenly overpaid universal credit due to official error — Secretary of State refusing to waive overpayment — Whether Secretary of State acting unlawfully in failing to publish guidance on application of discretion to wave overpayments — Whether inconsistency between unpublished and published guidance — Whether guidance unlawful — Whether failure to comply with public sector equality duty — Social Security Administration Act 1992 (c 5), s 71ZB — Equality Act 2010 (c 15), s 149

[2023] EWHC 233 (Admin); [2023] PTSR 729; [2023] WLR(D) 74, KBD

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