News
Supreme Court gives important judgment on Debt Relief Orders
DATE: 06 Dec 2011On 6th December 2011 the Supreme Court [at 2011 UKSC 60] dismissed the DWP’s appeal in the cases of Payne and Cooper, holding unanimously that there was no power to make deductions from social security benefits to recover either social fund loans or social security overpayments during the one year moratorium period following the making of a debt relief order. It applied the same approach to the period following the making of a bankruptcy order, reversing R v Secretary of State ex parte Taylor and Chapman 1997 BPIR 505 in the process.
Richard Drabble QC appeared for the Respondents (leading Paul Stagg and Desmond Rutledge).
