MW v Secretary of State for Work and Pensions (JSA): [2016] UKUT 469 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Gamble on 9 June 2016.

Read the full decision in CSJSA/344/2015.

Judicial Summary

As a matter of Scots domestic law, the loan of money to a claimant for a specific purpose did not constitute a trust arrangement (as would be the case in England, see R(SB)53/83) but imposed not only a duty to use the funds for the purposes for which they were lent, and therefore did not form part of the claimant’s capital.

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