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England and Wales decisions
Decisions matching the current search
The Upper Tribunal held that monthly surrogacy payments received by a JSA claimant were income, not capital, and were not subject to any disregard. The appeal was dismissed.
Upper Tribunal held that selling stolen bikes could count as ESA ‘work’ and the proceeds as ‘income’, so the FTT had erred in law.
F v R [2022] EWCOP 49 (17 November 2022)
The Court of Protection refused to approve a settlement that would place an inheritance into a disabled person's trust, finding the main purpose was to preserve means-tested benefits.
The Court of Protection refused to authorise a deed settling a disabled man’s inheritance into trust to preserve means-tested benefits, holding it was not in his best interests.
The Court of Protection authorised a disabled person’s trust for LMS’s inheritance, finding it better effected her grandfather’s intention and was in her best interests.
LMS, Re (settlement of property into a trust) [2020] EWCOP 52 (11 September 2020)
The Court of Protection authorised settlement of LMS’s inheritance into a disabled person’s trust, subject to safeguards, finding it was in her best interests.
The Upper Tribunal held that the local authority had treated disputed sale proceeds as available capital too soon and set aside both the entitlement and overpayment decisions.
Whapples, R (on the application of) v Birmingham Crosscity Clinical Commissioning & Anor [2014] EWHC 2647 (Admin) (30 July 2014)
The court dismissed a judicial review challenge over whether the NHS had to fund accommodation for a severely disabled claimant, holding that other housing routes remained available.
The High Court rejected a judicial review challenge to refusal of a community care grant, holding there was no unjustified Article 14 discrimination.
Clulow, R (on the application of) v Independent Review Service & Anor [2013] EWHC 3241 (Admin) (24 October 2013)
Judicial review of a refusal to consider a community care grant to a claimant on contribution-based ESA. The High Court held there was no Article 14 discrimination.
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