R (Balding) v Secretary of State for Work and Pensions [2007] EWHC 759 (Admin), [2007] All ER (D) 27 (Apr)
Liability to repay overpaid social security benefit occurring prior to a bankruptcy is a bankruptcy debt under s 382 of the Insolvency Act 1986 (IA 1986). As s 281 IA 1986 releases a bankrupt from “all bankruptcy debts”, it follows that discharge from bankruptcy releases him from liability for recovery of the overpaid benefit.
