LG v Secretary of State for Work and Pensions (ESA)
| Jurisdiction | UK Non-devolved |
| Judge | Judge Poole, QC |
| Neutral Citation | [2019] UKUT 220 (AAC) |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Subject Matter | Earnings,other income,Employment,support allowance,other income - other income,payments,support allowance - income-related ESA,Poole,AI |
| Date | 11 July 2019 |
| Published date | 20 August 2019 |
LG v SSWP (ESA) [2019] UKUT 220 (AAC)
Case No: CSE/49/2019
1
CSE/49/2019
THE UPPER TRIBUNAL
ADMINISTRATIVE APPEALS CHAMBER
Oral Hearing: 10 July 2019 at George House, Edinburgh
Representation:
For the Appellant: Ms Deborah Sinclair, Senior Welfare Rights Officer, Perth &
Kinross Council
For the Respondent: Mr Julius Komorowski, Advocate
DECISION OF THE JUDGE OF THE UPPER TRIBUNAL
The appeal is allowed. The decision of the tribunal given at Stirling on 15 October
2018 is set aside. The case is referred to the First-tier Tribunal (Social
Entitlement Chamber) for rehearing before a differently constituted tribunal in
accordance with the Directions at the end of this Decision.
REASONS FOR DECISION
Background
1. This is an appeal about income related (“IR”) employment and support
allowance (“ESA”). It concerns the question of whether payments from a trust
should have been taken into account when determining whether the appellant
(the “claimant”) met the financial conditions for ESA(IR), and if so the level of
ESA(IR) to which she was entitled. For reasons set out below, I have decided
that some of the payments from the trust fell to be taken into account, and
some did not, as more fully set out in paragraph 32 below.
2. The background facts are that the claimant has learning disabilities. She was
in receipt of ESA from 11 February 2015. Although she was later found fit for
work and so moved on to Jobseekers’ Allowance (“JSA”), this appeal
concerns the claimant’s ESA entitlement for a period after 13 May 2015
before she moved to JSA. The claimant’s mother died on 13 May 2015. She
had made provision for the claimant in her will, subscribed on 16 November
2004 and registered in the Books of Council and Session on 27 May 2015
(the “Will”). Under Clause 5 of the Will, a legacy of £2000 was to be paid to
the claimant. Under Clause 8, the residue of the estate was to be divided into
two equal parts. One part was given to another beneficiary absolutely. The
other half was:
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SM v Secretary of State for Work and Pensions (ESA)
...running of the coal industry” while in this case the trustees of the family trust were wholly independent. He cited LG v SSWP (ESA) [2019] UKUT 220 (AAC), in which R(IS) 4/94 was considered, for its discussion of how legally owed payments are to be differentiated from discretionary trust 9.......