The Weekly Law Reports
[2012] 2 WLR 1
Supreme Court
Regina (Cooper)
v
Secretary of State for Work and Pensions
Regina (Payne)
v
Same
[2011] UKSC 60
2011 Nov 3;
Dec 14
Baroness Hale of Richmond, Lord Brown of Eaton-under-Heywood, Lord Mance, Lord Kerr of Tonaghmore, Lord Wilson JJSC
Social security— Overpayment of benefit— Recovery— Debt relief order— Secretary of State seeking recovery of overpayment and social fund loan by deducting sums from claimants’ benefits— Whether power to deduct benefits “remedy in respect of the debt”— Whether Secretary of State able to make deductions during moratorium period—
Insolvency Act 1986 (c 45) (as amended by Tribunals, Courts and Enforcement Act 2007 (c 15), s 108, Sch 17), ss 251G(2)(a), 285(3)
—
Social Security Administration Act 1992 (c 5), ss 71(1)(8), 78
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