The regulations appeared to deem that the deceased had held a half share in the house when in fact she owned only a one sixth share. The result was that she had been disallowed Income Support.
Held: The regulations applied where two or more people were interested in the same capital asset. Since the property was owned in separate shares, there was no need to treat her as a joint owner, and benefit had been wrongly withheld. The attempt by the respondent to justify the interpretation, which was on the basis of administrative convenience failed. Much clearer words would be required to allow such an unfair conclusion, requiring someone to dip into capital which was not their own before claiming benefit.
Judges:
Lord Justice Brooke, Lord Justice Auld, Lord Justice Sedley
Citations:
Times 28-Dec-2002, [2002] EWCA Civ 1890
Links:
Statutes:
Income Support (General) Regulations 1987 (SI 1987 No 1967) 52
Jurisdiction:
England and Wales
Benefits
Updated: 06 June 2022; Ref: scu.178554
