ZYN, R (On the Application Of) v Walsall Metropolitan Borough Council

ZYN, R (On the Application Of) v Walsall Metropolitan Borough Council

The term 'Court of Protection' in paragraph 44 of Schedule 10 to the Income Support Regulations refers to the current Court of Protection, and capital managed by a deputy appointed by that court falls within the scope of paragraph 44(1)(a) and (b), requiring such capital to be disregarded in means testing for care charges.

Parties
Claimant: ZYN; Defendant: Walsall Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
12 June 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed
Legal Topics
Means Testing, Personal Injury Compensation, Court of Protection, Community Care Services, Charging Policy
Social Welfare Law Statutory Interpretation Administrative Law Means Testing Personal Injury Compensation Court of Protection Community Care Services Charging Policy

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Parties

ZYN

Claimant

Walsall Metropolitan Borough Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether capital derived from a personal injury settlement managed by a deputy appointed by the Court of Protection must be disregarded by a local authority when assessing contributions for care services
  2. 2 Interpretation of 'Court of Protection' in relevant regulations
  3. 3 Application of paragraph 44 of Schedule 10 to the Income Support Regulations

Ratio Decidendi

The term 'Court of Protection' in paragraph 44 of Schedule 10 to the Income Support Regulations refers to the current Court of Protection, and capital managed by a deputy appointed by that court falls within the scope of paragraph 44(1)(a) and (b), requiring such capital to be disregarded in means testing for care charges.

Court Disposition

Claim allowed

Orders

  • The Council's charging policy is unlawful insofar as it takes account of capital derived from the claimant's personal injury settlement.