Hourigan v Secretary of State for Work and Pensions [2002] EWCA Civ 1890 (19 December 2002)

Hourigan v Secretary of State for Work and Pensions [2002] EWCA Civ 1890 (19 December 2002)

Regulation 52 does not apply to tenancies in common; it applies only to joint tenancies where unity of interest exists. Claimants with a tenancy in common are not to be treated as possessing an equal share of the whole beneficial interest for income support purposes. The appeal is dismissed as the claimant's capital was less than £8,000.

Citation
[2002] EWCA Civ 1890
Parties
Respondent/claimant: James Hourigan on behalf of Mary Hourigan (deceased); Appellant/defendant: Secretary of State for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
19 December 2002
Procedural Posture
Appeal From Social Security Commissioner / Court of Appeal (civil Division) Final Judgment
Outcome
Appeal dismissed
Legal Topics
Income Support, Valuation of Capital Assets, Regulation Interpretation, Tenancy in Common Vs Joint Tenancy
Social Security Law Administrative Law Income Support Valuation of Capital Assets Regulation Interpretation Tenancy in Common Vs Joint Tenancy

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

James Hourigan on behalf of Mary Hourigan (deceased)

Respondent/claimant

Secretary of State for Work and Pensions

Appellant/defendant

Procedural Posture

Appeal From Social Security Commissioner / Court of Appeal (civil Division) Final Judgment

Legal Issues

  1. 1 Whether regulation 52 of the Income Support (General) Regulations 1987 applies to tenancies in common
  2. 2 Proper method for valuing a claimant's beneficial interest in property for income support eligibility

Ratio Decidendi

Regulation 52 does not apply to tenancies in common; it applies only to joint tenancies where unity of interest exists. Claimants with a tenancy in common are not to be treated as possessing an equal share of the whole beneficial interest for income support purposes. The appeal is dismissed as the claimant's capital was less than £8,000.

Court Disposition

Appeal dismissed

Orders

  • No change to Commissioner's determination; claimant's capital assessed as less than £8,000; income support eligibility restored.