Income Support

Commissioners' Decisions listed have been selected as being of particular assistance for tribunal representation

For information on accessing the decisions listed below, please consult the guide to searching for decisions on the Resources page.

Index

ADJUDICATION

APPEAL TRIBUNALS
Jurisdiction of Tribunals
Tribunal Practice and Procedure
Evidence
Tribunal decisions (errors in law)
Appeal to Commissioner

COHABITATION

CLAIMS AND PAYMENTS
Backdating
Reviews

CONDITIONS OF ENTITLEMENT

OVERPAYMENTS
Misrepresentation
Failure to disclose
Amount recoverable
Offsetting of payments

INCOME SUPPORT/INCOME BASED JSA (APPLICABLE AMOUNTS)
Persons from abroad
Habitual residence
Premiums
Housing costs

INCOME SUPPORT/INCOME BASED JSA (CAPITAL)
Notional capital

INCOME SUPPORT/INCOME BASED JSA (RESOURCES)
Income/Earnings
Students
Meaning of 'student'
Grants

USEFUL DECISIONS ON SOCIAL FUND FUNERAL EXPENSES

WORKING FAMILIES TAX CREDIT

ADJUDICATION

CIS/107/91
Burden of proof on claimant - insufficient evidence provided - issue should be decided against claimant
CG/069/88
Treatment of existing rights in interpretation of new statutes
R(SB)29/83
AO's requirement to give decisions
R(SB)8/83
Responsibilities of AO/Visiting Officer
No.74/83(Supp.Ben)
Primary duty of AO to counter arguments of appellant fairly and reasonably
CIS/536/90
AO's different view on 'reasonable improvement' not ground for review as error of law
No.24/84(Supp.Ben)
Meaning of ordinary word not a question of law
C6/88(IVB)
Witholding of medical evidence from a claimant
CIS/12791/96
Whether AO has power to make recoverability order
C22/98(JSA)
Onus of proof on AO
C2/99(FC)
Status of reported/unreported Commissioners' decisions

SEE ALSO CLAIMS AND PAYMENTS - REVIEWS

APPEAL TRIBUNALS

R(SB)1/90
Status of N.I. Court of Appeal decisions on G.B. Commissioners

Jurisdiction of Tribunals

CIS/11861/96
Deductions from benefit - community charge arrears
R(IS)7/91
Correct method of dealing with non-payment of award
R4/83(Supp.Ben)>br> No power to grant ex gratia payments
R(SB)29/83
No right of appeal against decision of Dept. to request all necessary information for claim
R(SB)4/85
Not bound by previous tribunal decisions
No.126/85(Supp.Ben) - No.49/83(Supp.Ben)
Mistaken advice from DHSS cannot override statutory provisions
C9/89(Supp.Ben)
Tribunal not obliged to accept concession by either party to a tribunal
No.7/84T(Supp.Ben)
Departmental changes of policy cannot be upheld unless entirely consistent with relevant legislation
CIS/107/91
AO's decision incorporated in findings must be statement of conclusions of fact on all relevant matters
CIS/68/91
Withdrawn appeal can be reheard - no res judicata
R(SB)10/85
To set off any additional benefit which could have been claimed as an overpayment
No.74/83(Supp Ben)
Proper to set out Court verdict in 'doing the double' cases
CSB/903/86
Treatment of burden of proof re telephone enquiries
C2/99(IS)
Statutory jurisdiction to hear appeal cannot be overridden by tribunal
CIS/20002/00
Finality of part heard decisions - can chair withdraw leave to appeal?

Tribunal Procedure and Practice
No.37/82(Supp.Ben)& R(SB)1/81
Attendance of an official - no right to demand
CIS/853/95
No presenting officer - effect on right of appeal
No.45/82(Supp.Ben)
Attendance of visiting officer
R(SB)13/83
Clerk - analogy with Magistrate's clerk's function
C8/99(IS) & R(SB)2/83
Inquisitorial duty of tribunal
C15/99(IS)(T)
Inquisitorial role - must deal with issues raised or clearly explicit - duty of professional representative to raise issues
R(SB)19/83
Proper notice of hearing
R(SB)55/83 & R(SB)23/83
Attendance of appellant
No.2/85(FIS)
Form of application for adjournment
R(SB)6/82
Admission of witness
C3/98(JSA)
Witness entitled to be heard (now reg.49(ii)DMA regs.)
CIS/2132/98
Whether leave to appeal can be granted without statement of reasons

Evidence
R(SB)10/86
Status of AO's uncorroborated evidence
No.18/88(Supp.Ben)
AO must provide evidence - not merely submissions
R(SB)12/89
Corroborative evidence does not need to be provided before allowing appeal
C7/89(Supp.Ben)
AO is not a witness and cannot give direct evidence
No.45/82(Supp.Ben) & R(SB)9/81
Acceptance or rejection of evidence
No.9/81(Supp.Ben)
Failure to listen to irrelevant evidence not an error
CSB/1311/86
Lay evidence on medical matters
CSB/1148/86 & CSSB/76/88
Medical evidence
CIS/620/91
Effect of destruction of documents
CF/13/92
Oral evidence prevails over computer print-out
C9/97(IS)
No error in failing to take account of evidence not before it
C1/00 & 2/00(JSA)
Oral evidence is evidence - does not have to be corroborated
R(IS)5/93 & C7/97(IS) Hearsay evidence must be considered and evaluated
R(SB)18/83
Failure to admit all documents
R(SB)5/82
Value to be given to hearsay
R(SB)33/85
Status of claimant's uncorroborated evidence
C27/97(SF)
Unsubstantiated phone call to nameless person accepted as evidence

C11/99(IS)

Evidence gathered after decision appealed, relating to circumstances before appeal is valid

Tribunal decisions (errors in law)
R(SB)6/81 & R(SB)11/83
Catagories of 'error in law'
R(SB)1/81
Breach of rules of natural justice a mistake of law - mere assertion is not
R(SB)18/83
Natural justice breached by non-objectivity of presenting officer
CU/47/93
Failure to consider claimant's written note - breach of natural justice

Appeal to Commissioner
CIS/628/92
Must be against complete decision

COHABITATION

R(SB)17/81
Living together as husband and wife - conduct
R(SB)17/81 & CSB/203/85
Living together as husband and wife - criteria
R(SB)17/81
Marriage - lack of intention towards - stability of relationship
R(SB)19/85
Same household
CSB/463/86
Two people sharing house can be separate households
CIS/11304/95
Two households
CSSB/145/83 & CSB/150/85 & CIS/619/97
'Husband and wife' relationship
R(SB)35/85 &CSB/602/87
Relationship carer/companion rather than husband/wife
R(SB)30/83
Temporary absence of partner
CIS/4935/95 &CIS/81/93
Married couples living in same care home - meaning of household
R(SB)8/85
Member of more than one household
CIS/317/94
Burden of proof
R(SB)17/84
Marriage solemnised under Islamic law
C1/88(IS)
Meaning of 'married couple'
CIS/87/93
No sexual relationship - strong alternative grounds must exist to find cohabitation
C23/95(IS)
Appropriate for tribunal to enquire about sexual relationship
C23/95(IS)
Joint endowment not relevant
CIS/13805/96
'Members of the same household' - living away
CIS/2900/98
'Members of the same household' - whether 'attitude of mind' relevant

CLAIMS AND PAYMENTS

CIS/642/94
Invalid appointment of appointee - power of tribunal to determine claim a nullity
CIS/83/90
Night shelter - award of benefit can be made for a definite period (eg. day to day)
R(SB)5/89
Date of claim
R(SB)8/89
Date of claim - weekend postal arrangements
CIS/7009/95
Late claim for National Assistance
R(SB)8/88
Death of claimant
R3/83(Supp.Ben)
Claims on behalf of deceased claimant
CSB/552/89
Appointee to pursue appeal after claimant dies validates retrospectibely all previous appeal hearings
R(A)1/92
Administratrix appointed after date of application for review of an earlier decision
R(SB)29/83
Sec.of State requirement for information - no right of appeal
R(SB)4/91
Estoppel - cannot be used to claim benefit where otherwise no entitlement
CIS/14931/95
Reg.13 - premature claim treated as valid claim
CJSA/5529/97
Claimant treated as in remunerative work - identifying period to be taken into account
CIS/1340/99
Death of claimant - abatement of appeal - overpayment may still be recovered
CJSA/3979/99
Withdrawal of claim

Backdating

C12/98(IS)
Mental health relevant - ability to seek assistance
C15/98(IS)
Ignorance of law not grounds - meaning of 'reasonably practicable to obtain assistance'
CIS/2077/98
Entitlement - claim for IB accepted by SSA without giving advice to claim also IS
R2/01(IS)
Backdating - not reasonable for claim to have been made earlier
CJSA/4066/96
Definition of advice/information to be given wide interpretation
CJSA/1136/98
Written evidence can be verbal which is committed to writing - misadvice from Trade Union can allow backdating
CIS/610/98
Misadvice - doorman at local office may be considered an officer of the Department
C3/00(IS)(T)
Reg.19(5)(d) - 'officer of the Dept.'- treatment of 'misleading information'(leave to appeal to CA applied for)
CIS/4354/99
Extending time more than three months - meaning of 'information'
CIS/2057/98
Late claim - disability allows backdating
CIS/5430/99
Claimant could not rely on advice given in writing after decision in dispute was made
C12/99(IS)
Departmental officer must give misleading information - absence of information not sufficient

C16/99(IS)

Issue of form is not 'giving information'

Reviews

C9/94(IS), C11/95(IS) & C20/95(IS)
Question of incapacity - burden of proof on AO
CIS/856/94
Incapacity for work - whether review can be conducted under reg.17(4)(17(7)in NI) Claims & Payments Regs.
CSSB/297/89
Cannot hear same issue twice
CF/22/92
Retrospective change in law ia change of circumstances
R(SB)13/83
Change of circumstances
BATE v CAO House of Lords 1996
Interpretation of 'non-dependents'
R2/93(IS)
No late appeal against portion of decision already reviewed ab initio
C5/96(IS)
Whether AO can be ignorant of fact not yet existing at time of decision
CIS/538/99
Appointee can be authorised after death

CONDITIONS OF ENTITLEMENT

CIS/16772/96
Car is not accommodation
C18/98(IS)
Working/claiming - direct evidence of payment is not needed to disallow benefit
R(SB)2/85
Payment in lieu of notice or compensation for loss of capital asset
CU/23/92
Impact of IT settlement on entitlement to UB (and by analogy IS)
C9/89(IS)
Availability for work while claimant on holiday in England
C3/90(IS)
Unwilling availability for work (under arrest) irrelevant
CJSA/5944/99
Police detention - not available for work
R(SB)28/84
'In care of Local Authority' to be given ordinary meaning
C1/93(FC)
Student nurse receiving money not in remunerative work
ELLIS Court of Appeal 1995 & KEVIN SMITH Court of Appeal 1995
Remunerative work
CIS/815/92
Remunerative work done in expectation of payment - hours on call not working hours
CIS/745/93
Assessment of hours worked for benefit purposes
CIS/125/89
Actively seeking work - must be a proper review decision - change of AO's opinion not grounds for review
R(IS)6/91
Availability for work
CSIS/13/91
Availability for work - criteria for determining unreasonable restriction
CJSA/4435/98
Jobseekers agreement - refusal to sign amendment - reasonableness
CJSA/1279/98
Non-availability on any day in week in question where reg.7(2)JSA regs. applies
R1/92(IVB)
Incapacity for work - disqualification for having worked
CIS/181/93
Remunerative work exclusion - claimant both a director and employee of limited company
CJSA/3304/99
Voluntary unemployment - consecutive jobs

Term time workers
R(IS)15/94
Fluctuating hours - 52 week cycle includes unpaid school holidays
C5/99(JSA)
Term time workers - no need for formal termination at end of term to allow payment during holidays
CJSA/3239/99
Supply teacher on day to day contract - due to return after school holidays
C1/97(JSA), C2/97(JSA), C3/97(JSA), C4/97(JSA) & C18/98(JSA)
Term time workers' payment during vacation
CAO v STAFFORD Court of Appeal 1999 (going to House of Lords)
Term time workers not entitled to benefit during vacation
CSJSA/395/98 (under appeal)
Term time worker excluded from entitlement during vacation
C1/99(JSA)
Term time worker - running contract - treatment of holiday pay

Working and claiming
C16/88(Supp.Ben)
Doing the double - standard of proof
R9/82(Supp.Ben)
Proof of working not proof of full-time work
CS/130/92
Evidence of working does not automatically indicate capacity
C5/91(IS)
Tribunal entitled to assume that claimant working for short period could be held to be working all day

OVERPAYMENTS, RECOVERY OF

R(SB)21/82 & R(SB)34/83
Deceased estates
R(SB)28/83
Responsibilities of personal representative for deceased estate
R(SB)5/85
Deceased estates - unadministered R(SB)34/83 & R(SB)6/85
CIS/2806/00

Recovery - loss of documents means Department cannot discharge burden of proof - CIS/75/94 distinguished

Burden of proof on DHSS
CSB/347/83 & CSB/903/86
Information given by phone
C8/00(IS)
Recovery - computerisation - information exchanges between Departments
CSB/1325/86
Loss of disclosure letter - in post or at local office
R(SB)28/85
Recovery of overpayment - avoidance of duplication of payment
CIS/175/92
Avoidance of duplication of payment (R(SB)28/85 approved)
No.48/82(Supp.Ben)
Being statute-barred irrelevant to decision
No.74/83(Supp.Ben)
Proper to set out Court verdict in doing the double cases
CSB/830/85
Payments above AO's award - recovery a matter for the civil courts
R(SB)7/91
Decision to recover must be preceded by review - failure to deal with absence of witnesses to contest statement an error of law
CSSB/316/89
No adequate review decision
CIS/628/92
Where calculation of overpayment alone outstanding, it is a completed decision
C9/97(IS)
Liability of appointee where controller also appointed to manage person's affairs

Misrepresentation
CSB/1093/89
Capacity to misrepresent
CSB/218/91
A senile person can make misrepresentation
R(SB)40/84
Must be looked at separately from non-disclosure
R(SB)3/90
Effect of disclosure in an earlier claimon misrepresentation in a subsequent claim
C5/90(IS)
Previous disclosure - right to recovery after subsequent failure to disclose/misrepresentation
R(SB)18/85
Must consider both oral and written statements and actions
R(SB)21/82, R(SB)9/85 & JONES/SHARPLES v DHSS Court of Appeal
Knowledge of true facts immaterial for misreprentation
CIS/4494/99
Disclosure to any officer not sufficient - misrepresentation despite lack of literacy
CIS/5131/98 & CIS/1148/99
Failure to answer claim form questions correctly followed by standard declaration - also, information known by one part of Department
JONES/SHARPLES v DHSS Court of Appeal
Signing order book can constitute misrepresentation - failure to declare what is not known is not failure to disclose
CG/662/98, CG/1567/98 & CG/2112/98
Misrepresentation occurs even when Benefits Agency had means of checking facts
CS/102/93
Signing statement in order book - representation of law rather than fact
C3/94(IS)
Misrepresentation by signing order book knowing clearly that entitlement had ceased
CIS/674/94
Completion of claim form
CIS/145/94
Order book declaration
CIS/583/94
Material fact - Department had misadvised claimant

Failure to disclose
CIS/12032/96 & CIS/1769/99
Mental state and failure to disclose
CSB/1410/88
Partner of mentally ill person not absolved from duty of disclosure
CIS/1769/99
Relevance of claimant's mental capacity
CIS/12022/96
Recoverable from appointee who failed to disclose material fact
CFC/13585/96
Housing costs paid by a third party
CIS/734/92
Duty of appointees
DUGGAN v CAO Court of Appeal
Failure to disclose wife's income
CS/130/92
Clear disclosure may override later misrepresentation from order book
CS/130/92
Announcement of intention to work may amount to disclosure
CSB/903/86
Treatment of burden of proof re telephone enquiries
R(SB)15/87
Criteria for disclosure
CF/26/90
Reasonable disclosure - objective test
C17/98(IS)
AO must show disclosure reasonably to be expected
C17/98(IS)
Disclosure required despite Agency's error - impact of misleading Agency form
CIS/252/89
Information given in advance constitutes disclosure of a material fact
CIS/210/90
Full disclosure made - no recovery of overpayment
C5/90(IS)
Improved technology to check past papers may be relevant in assessing such cases
CIS/14025/96
Notification to one government entity
R(SB)2/92, PAGE and DAVIS v CAO Court of Appeal
Innocent failure to disclose
R(SB)28/83
Knowledge of true facts necessary
R(SB)9/85, R(SB)21/82 & R(SB)28/83
Must have knowledge of obligation
R(SB)13/89
Whether expenditure was result of failure to disclose
R(SB)2/91
Expectation of disclosure
R(SB)18/85 & R(SB)20/84
Action of claimant leads to disclosure
C17/92(IS)
Failure to disclose material fact - claim for other benefit not a material fact - receipt of benefit is
CSB/894/88
Whether claimant's enquiry can amount to disclosure
CSB/677/86
Disclosure to same issuing office which increased claimant's other benefit
CSB/64/86
Disclosure to actual section dealing with it
CSB/64/86
Liability to disclose despite back-up system to prevent overpayment
R(SB)36/84, R(SB)10/85 & R(SB)54/83
Administrative arrangements between Dept. of Employment and DHSS - disclosure to one may be adequate disclosure
C1/93(ICA)
When disclosure made to correct branch, no continuing obligation to disclose
R(SB)12/84 & R(SB)40/84
Oral disclosure is a disclosure
CU/47/93
Once discovery of information known by Department, then no failure to disclose
R(SB)21/82
Causal link between misrepresentation or failure and overpayment
R(SB)54/83, No.136/85(Supp.Ben), C26/88(Supp.Ben), CSB/996/85 & R(SB)12/84
Continuing obligation to disclose
C5/90(IS)
Previous disclosure does not prevent right to recover where subsequent failure to disclose and misrepresentation exist
C6/00(IS)
Failure to disclose unsuccessful IVB appeal is not disclosure reasonably expected - no advice in order book Disclosure of intention to claim Child Benefit is sufficient disclosure

Amount recoverable
C3/95(IS)
Jobskills training allowance - only Income Support element recoverable
CIS/159/90
To be recoverable, overpayment must be in consequence of claimant's failure, not that of Department
R(SB)44/83
Method of recovery (Departmental decision)
R(SB)34/83
Onus of proof
R(SB)20/84
Computation of amount
No.140/86(Supp.Ben)
Recovery must be dealt with on a week-to-week basis
No.97/86(Supp.Ben)
Recovery - method of calculation
CSB/83/91
Duty of tribunal to determine actual amount recoverable
R(SB)3/91 & CIS/12082/96
Recovery from benefit due from another EU member state
CIS/026/94
Statute of Limitations does not bear on adjudicating authorities
CIS/332/93 & R(SB)28/83
Misrepresentation or failure to disclose by appointee acting offically - recovery only possible from claimant

Offsetting of payments
CIS/13742/96
Reg.13 Social Security (Payments on Account etc.) Regulations 1988
R(SB)10/85, CSIS/8/85 & CSG/357/97
Set-off of underpayments must be considered
R(SB)6/90 & R(IS)5/92
Calculation of recoverable amount - set-off against additional benefit entitlement
C6/99(IS)
Claim must be in existence for offset of overpayment

INCOME SUPPORT/INCOME BASED JSA (APPLICABLE AMOUNTS)

R(SB)46/83
Treatment of collateral insurance policies
CIS/569/92 & CIS/402/92
Mortgage interest - repurchase from trustee after bankruptcy
CIS/465/94
Acquiring an interest in a dwelling - buyout of statutory tenancy
CIS/042/92
Loan secured by deeds - payment of debt by borrowing money not eligible for mortgage interest payments
C5/95(IS)
Mortgage interest repayments - loan in expense account for business secured with deeds not eligible for Income Support
R(IS)2/91
Nursing Home - type of care received is relevant factor
CIS/101/94
Residential care - estoppel - care in the community

Persons from abroad

CIS/143/97, CIS/1729/97, CIS/1137/97, CIS/2719/97, CIS4439/98,CIS/4341/98
Asylum seekers - meaning of 'on arrival'
CIS/4510/98
Diplomatic agent
CIS/3231/97
Iraqi smuggled into UK - drugged and confused - held not to be asylum seeker
C10/95(IS)
'Pursue activities as a self-employed person' - must actually be working
CIS/472/94
'Required to leave' means 'compelled to leave'
KRASNIQI Court of Appeal Jan. 1999
EC law not applicable
R(SB)2/85
Limited residence - member of EEC
R(SB)2/85
National of a member state of EEC
CS/15000/96
Dependents' increases - residing together - whether discriminatory

Habitual Residence
NESSA House of Lords 1999
Habitual residence - qualification for benefit
CIS/1304/97 & CJSA/5394/98
Habitual residence test post Nessa - three stage test
SWADDLING ECJ C-90/97
No waiting period required - EU citizen
CIS/15484/96
Habitual residence - appreciable period (post Swaddling)
CIS/3559/97
Application to self-employed teacher
CIS/12703/96
Intention
R(IS)6/96
Test focuses on fact and nature of residence and not on the legal right of abode
CIS/2326/95, CIS/16410/96, CIS/11481/95 & R(IS)3/97
Whether worker or not
CIS/12909/96
EC national formerly in employment here
CIS/15927/96
Need to establish a home
CIS/12294/96
Necessity for home to be residence here - onus of proof

Premiums
FALKNER Court of Appeal (Northern Ireland) 1997
Entitlement to SDP - joint occupation of premises
FULLWOOD Court of Appeal 1993
SDP - joint occupier housing benefit and non-dependent status
FOSTER House of Lords 1993
SDP - regulations not ultra vires
BATE House of Lords 1996
SDP - meaning of reside with claimant
C3/93(IS)
SDP - meaning of liable
CIS/1561/96
Disability premium - entitlement for released prisoner
CP/001/94
Inability to de-retire for higher pensioner premium not contrary to European law
CIS/14850/96
SDP - non-dependents normally residing with a claimant

Housing Costs
R1/94(IS)
Loan to recover deeds not an allowable housing cost
CIS/7273/95
Purchase of new property - 'disabled person' - new mortgage
CIS/14551/96
Increased costs - moving on Income Support - guidelines to disability exemption
CIS/14141/96
New mortgage
CIS/146/93
Housing Costs
CIS/719/94
Absence from dwelling while it was under repair
CIS/168/90
Hostel and annexe in separate building constitute 'hostel'
CP/63/88
Hostel between hospital and community care not treated as hospitalisation
CSB/420/81 & R(SB)7/89
Excessive housing costs - definition of area
CIS/538/90
Liability for payment - voluntary contributions
CIS/330/90
Requirements -housing costs restrictions
R(SB)6/89
Amount to be regarded as excessive housing costs
CIS/297/94
Acquiring property before occupation - intention to make it a home
CSB/617/88
Restriction on housing costs - 'relevant factors'- estoppel
CIS/347/92
Restriction on housing costs - financial hardship is a relevant circumstance
DUNNE Court of Appeal (Northern Ireland) 1993 & C34/91
Building insurance not a housing cost
R(IS)3/91 & R(IS)4/91
Service Charges
CIS/15036/96
Eligible service charges - replacement central heating boiler not covered by Income Support
CIS/109/89
Compulsory insurance charge in rent is service charge
CIS/11293/95
Increased housing costs - exception where liability not increased
CIS/743/93
Treatment of housing costs where payment shared after divorce
CIS/14/93
Liability in order to continue living in home - restrictive interpretation
CIS/220/94
No deductions can be made for arrears of rent unless arrears accepted or established
CIS/659/94
Whether payable following change of address
CIS/14468/96
No payment on loan for fridge/cupboards
CIS/392/94
Arrears fee on a mortgage account is not a service charge
CIS/543/93
Housing costs on two homes - fear of violence
CIS/146/93, CIS/2760/98 & CIS/3066/98
Mortgage repayments - treatment of capitalised interest
CIS/3066/98
Income disregards - income protection policy
CJSA/888/99
Deferred interest mortgage (going to Court of Appeal)
CIS/15146/96
Mortgage direct payments - arrears
CIS/6010/95
Overdraft is a loan
CIS/5206/95
Overpayment recovery - direct payment to lender
C2/97(IS)
Repairs/improvement - para.8 - provision of a facility can include a replacement
CIS/1678/99
Repairs and improvement - separate bedrooms for children

C8/97(IS)
Meaning of 'repairs and improvements' (paras.15-17)

C3/01(JSA)

Meaning of capital disregard to effect repairs/improvement to home
CJSA/5493/99
Payments under a co-ownership scheme - service charges
CIS/5177/97, R2/00(IS) & CIS/2790/98
Definition of 'abandonment'
CIS/1581/98
Constructive abandonment
CIS/2210/98
Imprisonment of partner - whether claimant abandoned
C7/99(IS)
Disabled person must be disabled at date loan taken out
CJSA/4807/00
Home must be occupied

INCOME SUPPORT/INCOME BASED JSA (CAPITAL)

R(SB)1/89
Liable relatives - disposition of property - evidence before SSAT
R(IS)13/91
Apportionment between business and private expenses
CIS/7330/95
Treatment of investment bond - periodic payments
CIS/2575/97
Valuation of jointly owned property
CIS/15396/96, CIS/3283/97 & CIS/263/97
Joint ownership - reg.52 ultra vires
CJSA/1114/00
Valuation of jointly owned property - reasons for value
CIS/634/92
Asset remains claimant's until trustee in bankruptcy appointed
R(SB)57/83
Assets in limited company - possession of resource
McAULEY Court of Appeal (Northern Ireland) 2001 (C3/99(IS))
Unrealisable asset and payment from pension plan to childrenis still capital
R(IS)13/95
Valuation of shares registered in name of children
R(IS)2/90
Valuation of shareholding
CIS/598/92
Method of valuation of shares where accuracy vital - money owed to broker for shares can be offset against shares purchased
R(SB)12/89
Valuation of shares in private limited company
R(SB)18/83
Shares in the family company - valuation of trusts
R(SB)4/85
Identifying business assets
R(SB)18/82
Proceeds of sale of home and disregard
R(SB)2/83, R(SB)31/83 & R(SB)35/83
Gross resources - no reduction for indebtedness
R(SB)10/89
Disregard of separate homes
R(SB)23/85
Ownership of property which is the subject of an imperfect gift
R(SB)7/87
Proprietary estoppel
R(SB)49/83
Property purchased by one person in the name of another
R(SB)1/85
Premises occupied by a relative
CIS/461/94
Reversionary interest in former matrimonial home
CIS/449/90
Beneficial interest where account in sole name but financed by former husband
No.15/82(Supp.Ben)
Disregard of capital from sale where intent to purchase home can extend to building new home
R(SB)4/87
Deposit with housing association
CIS/69/94
Costs incurred obtaining property
CIS/767/93
Residential care - farm owned jointly - whether impractical and unreasonable to sell separately
R(SB)6/84 & R(SB)13/84
Valuation of land and buildings
R(SB)12/86
Loan on express condition not a resource
R(SB)14/85 & R(SB)18/82
Sum attributable to proceeds of sale of home
CIS/8475/95
Self-build house - capital disregards
R(SB)27/84
Deduction of mortgage debt from value of capital resource
R(SB)2/89
Personal injury should be given ordinary meaning
C2/93(IS)
Compensation held by court is trust for benefit purposes
CIS/368/94
Trust funds held by court to be disregarded as capital
No.124/86(Supp.Ben)
Payment of funds into court does not of itself create a trust
R(SB)26/86
Treatment of dependents' interest in a trust fund
R(SB)21/83
Will trust - valuation of an individual share
R(SB)53/83
Possession of resource - money provided for a specific purpose
C12/90(IS)
Debt owed to nursing home not encumbrance on mortgage
CIS/117/95
Right to receive part of proceeds of sale in the future
CIS/7319/95
Definition of premises
C9/99(IS)
Dwelling occupied as home - meaning of definition
CIS/5481/97
Dissolution of partnership - treatment of business assets

Notional capital
R(SB)40/85, R(SB)11/82 & R(SB)31/83
Deprivation of resources
C8/89(IS)
Purpose of disposing of assets - onus on AO
CIS/6908/95
Claimant taking reasonable steps to dispose of premises
CIS/12403/96
Enduring power of attorney
CIS/600/95
Treatment of Criminal Injuries Compensation Board payment
CIS/270/89
No evidence that gift to daughter was to secure extra Income Support
CIS/25/90
Claimant offers property to family who put house for sale - value of home disregarded
CIS/30/93
Home for sale by relative attracts no disregard (see R1/92(IS))
R1/92(IS)
Where home transferred to family members and put on market, capital disregard while up for sale does not apply
CIS/30/93
Disposal of property - assessment of legal interest and beneficial interest
CSB/1110/88
Notional resources attributable to carer must reflect sum that other member of assessment unit could afford
CIS/40/89
Disposal of resources not to increase Income Suport
R(IS)1/91
Deprivation of capital
C3/92(IS)
Deprivation of capital asset - transaction over many years - original intention in disposing of property relevant
CIS/231/91
Capital disregarded cannot be subject to nominal capital rules
C5/97(IS)
Life interest is a capital asset subject to disregards - life interest income is income for Income Support
CIS/17020/96
Treatment of payments by social services for providing care

INCOME SUPPORT/INCOME BASED JSA (RESOURCES)

Income/Earnings

Notional earnings
CIS/11482/95
Payment in kind
C10/93(IS)
Notional earnings - comparison should be with same occupation
C10/93(IS)
Notional earnings should not apply when details of earnings actually available
CIS/166/94
Self-employed earner - whether in gainful employment
No.22/85(Supp.Ben)
Notional earnings - self-employed
CIS/93/91
Three separate steps in application of notional earnings rule
R(SB)13/86
Notional resources
CIS/191/91
Notional earnings - tribunal must set out how figure arrived at
C10/99(IS)
Approach tribunal should adopt
C14/99(IS)
Onus on Department to show comparable wage - must take notional deductions (tax, etc.) into account
CIS/563/91
Meaning of gross income, reg.40(1) paras. 26-34
CIS/55/89
Board and lodging - 'other income'
R(SB)21/86
Compensatory award - earnings
CIS/13059/96
Treatment of payments from tenants to resident home owner
R(SB)13/87
Income of liferentrix
McCORQUODALE Court of Appeal 1988
Arrears of maintance and benefit
R(SB)29/85
Trade dispute - treatment of social services payments (still applies under Income Support)
R(SB)2/86 & CIS/131/89
Treatment of cash received in lieu of concessionary coal
C2/93(FC)
Treatment of arrears of salary
CIS/743/92
Guarantee payment to be treated as earnings
CIS/590/93
Loss of earnings - compensation must be attributed to period actually covered in award
CIS/89/89
Councillors - treatment of allowances and expenses
CIS/400/94
Earnings - pay in lieu of notice
CIS/4312/97
Sick pay on termination of employment - to be taken anto account for a forward period
R(SB)1/88
Treatment of arrears of maintenance covering period prior to benefit
C5/97(IS)
Rental income paid direct to person undertaking repairs is not income for Income Support
ALEXANDER Court of Appeal 1998
Treatment of travel and books grant for Income Support/JSA
CJSA/5381/97 & CJSA/1360/98
Contribution-based JSA - ongoing contractual redundancy payments are 'pension payments'
CIS/745/99
Occupational pension paid to third party under Attachment of Earnings is not income

CFC/4067/00

Estimate of earnings in employment for less than six weeks

CJSA/1039/99

Self-employed workers - assessing seasonal earnings

Students
CJSA/1920/99
Absence due to pregnancy - EU Directive 79/7/EEC
CIS/13276/96
Meaning of 'abandons a course'
R(SB)2/87
Meaning of 'person' [Reg.13(1)(c), (d) of Income Support (General Regs.)]
C2/89(IS)
Covenant income after termination of course
CIS/5034/95
Bar vocation course is a full time course
C9/93(IS)
Income support - education
CIS/858/94
Absence abroad - receiving EC training allowance (NB C3/95(IS) takes different view)
R(F)1/93 & C10/96(IS)
Relevant education - hours do not include homework

Meaning of 'student'
R3/94(IS), R(SB)40/83 & R(SB)41/83
Meaning of 'student'
CIS/13986/96
Resat and passed exams - not a student during period awaiting readmission
McCOMBE Court of Appeal 2000
R1/01(JSA)
Student - modular course (see McCombe)
C19/92(IS)
Post-graduate student enrolled to complete thesis only is not a student
C7/89(IS) & R2/89(IS)
Student resitting exam after a year without lectures is still a student
CIS/450/97
Project 2000 nurse is a student

Grants
CIS/91/94
Travel equipment disregard comes off basic maintenance grant
CIS/497/93
Travel costs - only set amount in Student Awards Regs. may be disregarded
R(SB)30/83
Student grant made to non-claiming partner
R11/82(Supp.Ben)
Married couples - education grant
CIS/5185/95
Abandoning a course - remaining grant to be taken into account
C3/99(JSA)
Abandoned course - repayment of grant - income counts up to repayment

USEFUL DECISIONS ON SOCIAL FUND FUNERAL EXPENSES

CIS/12881/96
Contact through third party alone is not reasonable contact
C1/90(SF)
Meaning of 'home'
CIS/975/97
The responsible person - agency
CIS/12783/96
Responsible person
C1/00(SF)
Onus of proof whether close relative on/not on benefit
O'FLYNN C-237/94 ECJ (CIS/51/90)
Funeral payment - indirect discrimination
R(SB)23/86
Meaning of 'funeral'
R(IS)14/91
Availability of asset on application
C1/00(SF)
Onus of proof whether close relatives on/not on benefit
CIS/450/94
Genuine loan is not a contribution
CIS/2059/95
Qualifying benefit
CIS/14261/96
Necessary costs of a grave
CIS/6997/95
Payment by person not originally contracted (para.6 only)
CIS/16192/96
Funeral payment cannot cover cremation and interment
C1/99(SF)
Family member in other member state should be taken into account (going to Court of Appeal)

WORKING FAMILIES TAX CREDIT

R(FIS)2/83
Short term working and approach to claim
CFC/5/83
Capital receipts not generated by business are not gross receipts for Family Credit,BR. C2/99(FC), C1/97(FC), R1/99(FC), CFC/19/93 & R(FC)1/96
Closing stock value should be deducted from opening stock
R3/92(FC)
Treatment of opening and closing stock (different view taken from above decisions)
C2/90(FC) & CFC/19/90
Treatment of income still being received at date of claim before decision on entitlement to Family Credit
R(FC)2/89 & R(FC)1/90
Allowable deductions from earnings
CFC/3/89
Work done in expectation of payment - period which should be examined
CFC/7/89
Entitlement based on test of 'work' (rather than employment) for 24 hours a week - not 'done in expectation of payment'
CFC/25/89
Apportionment of expenses between business and private use
CFC/24/89
Grant towards capital expenditure in setting up business not to be counted as income on earnings
CSFC/4/91
Enterprise allowance is earnings and can be sole income for Family Credit purposes
C1/93(FC)
Student nurse receiving bursary not in remunerative work
C2/93(FC)
Calculation of normal earnings - treatment of arrears of salary
C1/99(FC)
Back pay made during award period is taken into account
CFC/6910/95
Assessment period - holiday pay
CFC/2613/97
EC Turkey association agreement - whether right to reside restricted

This index was maintained and updated by Pat Miskimmin. Cases selected by Les Allamby. 

[Last updated on 16/01/02]