LP v Secretary of State for Work and Pensions (ESA): [2018] UKUT 389 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Mesher on 15 November 2018

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 20 December 2018

• Categories: Capital
• Sub-categories: Capital - Notional Capital: deprivation and Employment and support allowance - income-related ESA
• Judges: Mesher, J
• Decision date: 15 November 2018

Read the full decision in CE/729/2018.

Judicial Summary

Rejection of argument for the Secretary of State that the purpose of disposal of capital cannot be to secure or increase entitlement to benefit when the claimant is already entitled to all the income-related benefit they can aspire to and SoS is unaware of the existence of the capital

Published 20 December 2018