SM v Secretary of State for Work and Pensions (ESA): [2020] UKUT 265 (AAC)

Upper Tribunal Administrative Appeals Chamber decision of Judge Church on 2 September 2020.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 10 November 2020

• Categories: Earnings and other income, Employment and support allowance
• Sub-categories: Earnings and other income - disregards, Employment and support allowance - income-related ESA
• Judges: Church, TH
• Decision date: 2 September 2020

Read the full decision in CE/1849/2019.

Judicial Summary

This decision is about whether payments from a discretionary trust established under the Appellant’s parents’ wills are “voluntary payments” within the meaning of paragraph 16(3)(b) of Schedule 8 to the ESA Regulations and, if they are, whether the disregard provisions fall to be disapplied pursuant to paragraph 16(2) of Schedule 8, which provides that paragraph 16(1) of Schedule 8 does not apply to “a payment which is made by a person for the maintenance of any member of that person’s family…”.

Published 10 November 2020