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Blundell & Ors, R (On the Application Of) v Secretary of State for Work and Pensions Case Nos: CO/820/2020 and CO/1616/2020
The High Court ruled that the DWP's policy of automatically deducting the maximum possible amount and its failure to use discretion was unlawful. The Court ruled that the DWP was fettering its discretion by adopting 'a rigid arithmetical formula embodying an inflexible rule, rather than, as the legislation requires, exercising a discretion'.






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