Levy v Secretary of State for Work & Pensions [2006]


This court of appeal decision upholds CG/2973/2004, the original decision (now reported as R(G)2/06). CG/2973/2004 concerned a situation where a claim form was not received though it was accepted that it had been posted.

It stated that the onus of proof that a claim has been made lies with the claimant where a claim form is posted but not received. In such cases the Secretary of State should provide evidence of attempts to establish non-receipt, which it did.

The commissioner surmised that the Royal Mail, acting as agent for the Benefits Agency had mishandled the claim which led to it not being received.

The decisions also cites and agrees with CIS/306/2003 in stating that Section 7 of Interpretation Act does not apply in these cases as regulation 6(1)(a) of the Social Security Claims and Payments Act 1987 requires a claim form to be received.

Levy v Secretary of State for Work & Pensions upheld CG/2973/2004 and also declared that regulation 6(1)(a) was not ultra vires as section 189(5) of the Social Security Administration Act 1992 grants the power to make the regulation.

The DWP has issued guidance (DMG 10/06 July 2006).

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