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R (McGrath) v Secretary of State for Work & Pensions




[2012] EWHC 1042 (Admin)

2012-04-20

The court was bound to find that the recovery of overpaid benefit by way of deductions from a claimant's current benefits did not engage her right to the peaceful enjoyment of her possessions under the European Convention on Human Rights 1950 Protocol 1 art.1. In any event, although in the instant case there had been many years during which the Secretary of State for Work and Pensions had not sought to recover the overpayment, he had not been negligent and the delay was not disproportionate.