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.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 23 August 2017

• Categories: Capital, Employment and support allowance
• Sub-categories: Capital - Ownership/Possession, Employment and support allowance - income-related ESA
• Judges: Wikeley, N
• Decision date: 10 August 2017

Read the full decision in CE/1912/2016.

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.

Published 23 August 2017