Mr Perkins was aged 87 years, and claimed housing benefit on the basis that his income was below the applicable level. His son sent him money regularly from Australia. He appealed refusal of benefit.
Held: The claimant maintained two accounts. He was able to maintain himself from the sums other than that received from his son. There was no evidence that the voluntary payments were to be used for any particular purpose. It was for the tribunal to decide whether the sums received were to be applied for the items allowed under sch 13 of the regulations. Their decision was properly made and it would be wrong to interfere.
Judges:
Ward LJ, Sedley LJ, Sir Willaim Aldous
Citations:
[2004] EWCA Civ 1671, Times 16-Dec-2004
Links:
Statutes:
Council Tax Benefit (General) Regulations 1992 Sch 4, Housing Benefit (General) Regulations 1987 13
Jurisdiction:
England and Wales
Citing:
Cited – Secretary of State for Work and Pensions v Hughes (A Minor) CA 15-Jan-2004
. .
Lists of cited by and citing cases may be incomplete.
Benefits
Updated: 28 June 2022; Ref: scu.221010
