Applicable amount – child maintained by local authority at residential educational establishment – whether ‘resident’ and to be treated as possessing income
The claimant’s income support was reduced by virtue of income attributed to children under regulation 44(3) of the Income Support (General) Regulations 1987 because they attended a boarding school in Norfolk and the fees were paid by the local education authority in Essex. That decision was upheld by a social security appeal tribunal. The claimant appealed to the Commissioner on the grounds that the children were not ‘resident’ at the school as they attended in only certain weeks of the year. The Commissioner dismissed the appeal because it was logical that there should be a reduction of income support while the children were living elsewhere and there was no reason to distinguish between part year attendance and attendance for all 52 weeks of a year. The claimant appealed to the Court of Appeal.
Held, dismissing the appeal, that:
there is no authority for the proposition that a child cannot be resident at a school where he boards for only 35 weeks of the year;
securing the provision of boarding school accommodation in another County by direct payment of fees satisfies the requirement for maintenance in regulation 44(3)(a) so that the child must be treated as possessing the income prescribed.
Judges:
Stuart-Smith, Peter Gibson and Thorpe LJJ
Citations:
[1996] UKSSCSC CIS – 164 – 1994
Links:
Jurisdiction:
England and Wales
Benefits
Updated: 15 July 2022; Ref: scu.268990