R (on the application of Dalton) v Secretary of State for Work and Pensions

Minor – Maintenance. The Administrative Court dismissed the claimant's application for judicial review of the defendant Secretary of State's decision, through the Child Support Agency, not to reimburse his overpayment of child support, under s 41B of the Child Support Act 1991 (s 41B). The very nature of s 41B(2) was that the Secretary of State had a discretion not to reimburse and the decision had taken relevant matters into account.

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