§ Mr. BradleyTo ask the Secretary of State for Social Security (1) how many times in the last six months he has not accepted the recommendation of the social security tribunal regarding a reduction in the repayment of benefit owed to the Department where the person has been sentenced through the criminal courts and is still in receipt of state benefits;
(2) how many times in the last six months he has used his powers to overturn a decision of the social security tribunal and instructed that no benefit repayment should be made where a person has been sentenced by the criminal court and is still in receipt of state benefit;
(3) what discretion the social security tribunal has to recommend that no repayments of state benefits are made where an illegal claim for benefit has been made, and the claimant has been sentenced by the criminal court.
§ Mr. BurtSocial security appeal tribunals can only determine whether the adjudication officer has applied the law correctly in determining an overpayment. The decision to enforce recovery of an overpayment is a matter solely for the Secretary of State. Therefore there is no discretion nor any recommendation in these circumstances.