LG v Secretary of State for Work and Pensions (ESA): [2019] UKUT 220 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Poole, QC on 11 July 2019.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 20 August 2019

• Categories: Earnings and other income, Employment and support allowance
• Sub-categories: Earnings and other income - other income and payments, Employment and support allowance - income-related ESA
• Judges: Poole, AI
• Decision date: 11 July 2019

Read the full decision in CSE/49/2019.

Judicial Summary

Means tested benefits – employment and support allowance (income related) – treatment of payments from a trust (interest in possession/liferent with power to advance capital involving a discretion) when assessing means – how the trust payments fell to be treated on application of the Employment and Support Allowance Regulations 2008 (some fell to be disregarded, others did not) – whether payments were at regular intervals and voluntary – meaning of voluntary – inconsistency between Decision notice and statement of reasons.

Decision selected for reporting as [2020] AACR 5

Published 20 August 2019