Secretary of State for Work and Pensions v GF (ESA): [2017] UKUT 333 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 10 August 2017.
Read the full decision in .
Judicial Summary
Claimant had earmarked some £50k in savings to meet certain but as yet unquantified substantial court costs liability - Funds so earmarked not disclosed to DWP when claiming income-related ESA - Whether FTT right to find that funds “in trust” to pay court costs and so not the claimant’s capital - R(SB) 2/83 and CAO v Leeves (R(IS) 5/99) considered - “the mere existence of unpaid liabilities, even if payment is due, does not affect the calculation of the amount of capital for benefit purposes” (JH v SSWP [2009] UKUT 1 (AAC)) - law of trusts considered.