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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Benefits - From: 1991 To: 1991

This page lists 47 cases, and was prepared on 03 April 2018.

 
R(SB) 12/91 R(SB) 12/91
1991
SSAT
Commissioner Rice
Benefits
The Tribunal sought to construe the phrase "an immediately repayable debt" for Income Support purposes : "A person has to pay his debts. He has no choice in the matter and if he has no choice, then any divesting of capital resources in pursuance of the reduction or discharge of his indebtedness cannot be for the purpose of securing supplementary benefit or any increase thereof. Such a motive cannot direct or influence his course of action. There can only be one purpose governing his conduct, namely the need to meet his indebtedness.
14. Of course, the above principle only applies where the relevant debt is immediately payable. If the obligation to repay does not mature for several years, or, as in the case of the usual mortgage of house property, there is no need to repay the sum borrowed, provided the agreed interest and capital repayments are kept up, then any premature repayment of indebtedness will be voluntary act constituting a deliberate choice. And if there is a choice then the question will arise as to whether a significant operative purpose albeit not necessarily the predominant purpose, was to secure supplementary benefit or any increase thereof (R(SB) 38/85; R (SB) 40/85).
15. In the present case, if the Tribunal find as a fact that the claimant was genuinely indebted to his daughters, and they must be satisfied that there was a legal debt capable of enforcement in the courts, and if they are satisfied that such debt was immediately repayable, then as regards any sum employed in reduction or discharge of that indebtedness, regulation 4(1) will have no application. But if the new Tribunal are not so satisfied, and consider that there was no such indebtedness enforceable at law, or, if there was, that it was not immediately repayable, they must then go on to consider whether a substantive reason for the payment to the daughters was to secure supplementary benefit."
1 Citers



 
 Regina v Secretary of State for Social Security, Ex parte Britnell (Alan); HL 1991 - [1991] 1 WLR 198
 
(Un-named) [1991] UKSSCSC CIS_83_1989
3 Jan 1991
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1991] UKSSCSC CIS_184_1991
4 Jan 1991
SSCS

Benefits

[ Bailii ]
 
(Un-named) R(FC) 1/91 [1991] UKSSCSC CFC_25_1989
17 Jan 1991
SSCS

Benefits
SSCS Income – earnings of self-employed earner – whether motoring expenses and telephone expenses for both business and personal use may be apportioned – whether bad debts deductible – whether capital drawings relevant
The claimant, who was self-employed in partnership with her husband and supplied accounts of the business, claimed family credit. The adjudication officer in awarding family credit did not allow amounts shown in the accounts for depreciation, bad debts, lunches, private motoring expenses and the private use of the telephone. The claimant appealed against the decision. In his submission to the tribunal the adjudication officer said that since the claimant and her husband had taken two weeks holiday during the period of the accounts, the calculation of earnings should have been based on a fifty week assessment period. The tribunal, in allowing the appeal, directed that the award of family credit be recalculated to allow as expenses bad debts, lunches, private use of the telephone and private motoring expenses. The adjudication officer appealed to the Commissioner.
Held that:
expenses that could be apportioned were motoring expenses including road fund licence, insurance and repairs and maintenance, and telephone expenses including rental charges. (Insofar as the Adjudication Officers' Guide was inconsistent it was not to be followed R(SB) 28/84 cited). Apportionment by tax inspectors was cogent evidence of the amount used for the business and should be accepted in the absence of contrary evidence;
bad debts relevant to the period were deductible; entertainment lunches were not (paras. 36 and 37);
capital drawings should be treated as such; where there was a dispute as to whether a sum was capital or income commercial accounting principles were to be followed, unless they conflicted with the regulations (para. 38);
the effect of holiday and the application of the change in the regulations on 12 September 1988 was considered at paragraphs 1(8) and 24 and the first appendix.
1 Cites

[ Bailii ]
 
(Un-named) [1991] UKSSCSC CIS_329_1990
17 Jan 1991
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1991] UKSSCSC CA_368_1990
29 Jan 1991
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1991] UKSSCSC CSB_1331_1989
29 Jan 1991
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1991] UKSSCSC CSA_23_1989
30 Jan 1991
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1991] UKSSCSC CIS_124_1990
11 Feb 1991
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1991] UKSSCSC CIS_291_1989
20 Feb 1991
SSCS

Benefits

[ Bailii ]
 
G C Noij v Staatssecretaris Van Financien R-140/88; [1991] EUECJ R-140/88
21 Feb 1991
ECJ

European, Benefits
ECJ Social security for migrant workers - Applicable legislation - Pensioners - Applicability of the legislation of the State of residence notwithstanding payment of the pension by another Member State - Whether permissible - Charging by the State of residence of contributions to cover benefits payable by the Member State paying the pension - Not permissible - Previous pursuit of a professional or trade activity in the State of residence - No effect
[ Bailii ]
 
(Un-named) [1991] UKSSCSC CI_465_1989
26 Feb 1991
SSCS

Benefits

[ Bailii ]

 
 (Un-named) R(FC) 2/91; SSCS 6-Mar-1991 - [1991] UKSSCSC CFC_4_1989

 
 Masgio v Bundesknappschaft; ECJ 7-Mar-1991 - [1991] ECR I-1119; C-10/90; [1991] EUECJ C-10/90
 
(Un-named) [1991] UKSSCSC CSB_1198_1989
14 Mar 1991
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1991] UKSSCSC CA_398_1989
20 Mar 1991
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1991] UKSSCSC CU_59_1989
20 Mar 1991
SSCS

Benefits

[ Bailii ]
 
Sharrock v Chief Adjudication Officer [1991] UKSSCSC CSB_1110_1988
26 Mar 1991
SSCS

Benefits

[ Bailii ]
 
Scrivener v Chief Adjudication Officer [1991] UKSSCSC CSB_801_1989
16 Apr 1991
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1991] UKSSCSC CS_207_1990
24 Apr 1991
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1991] UKSSCSC CG_25_1990
9 May 1991
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1991] UKSSCSC CI_99_1988
21 May 1991
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1991] UKSSCSC CA_490_1989
4 Jun 1991
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1991] UKSSCSC CA_424_1989
5 Jun 1991
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1991] UKSSCSC CIS_461_1990
10 Jun 1991
SSCS

Benefits

[ Bailii ]
 
Newton v Chief Adjudication Officer [1991] UKSSCSC CM_108_1986
20 Jun 1991
SSCS

Benefits
SSCS Residence condition - claimant who was formerly self-employed moving permanently to France - whether entitled to export mobility allowance under Council Regulation (EEC) 1408/71 - mobility allowance
Council Regulation (EEC) 1408/71
[ Bailii ]
 
Page and Davis v Chief Adjudication Officer [1991] UKSSCSC CSB_72_1990
24 Jun 1991
SSCS
Dillon, Woolf and Leggatt LJJ
Benefits
Recovery of overpayment - overpayment due to innocent failure to disclose a material fact - whether recoverable
A widow who claimed and received supplementary benefit failed to disclose to the local office of the Department of Social Security that she had received widows benefit. As a consequence there was an overpayment of supplementary benefit. It was accepted that her failure to disclose was wholly innocent. The Commissioner rejected the claimant's argument that on its true construction section 53(1) of the Social Security Act 1986 does not catch innocent misrepresentation or innocent failure to disclose. On 24 June 1991 the Court of Appeal (Dillon, Woolf and Leggatt LJJ) dismissed an appeal by the claimant and held that:
the wording of section 53(1) was plain and unambiguous and covers innocent as well as fraudulent misrepresentation and non-disclosure.
Social Security Act 1986 53(1)
[ Bailii ]
 
(Un-named) [1991] UKSSCSC CSB_323_1990
24 Jun 1991
SSCS

Benefits

[ Bailii ]

 
 Martinez Vidal v Gemeenschappelijke Medische Dienst; ECJ 27-Jun-1991 - [1991] ECR I-3245; C-344/89; [1991] EUECJ C-344/89
 
(Un-named) [1991] UKSSCSC CSU_46_1989
4 Jul 1991
SSCS

Benefits

[ Bailii ]

 
 Johnson v Chief Adjudication Officer; ECJ 11-Jul-1991 - [1991] ECR I-3723; C-31/90; [1991] EUECJ C-31/90
 
(Un-named) [1991] UKSSCSC CS_292_1989
2 Aug 1991
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1991] UKSSCSC CA_51_1989
14 Aug 1991
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1991] UKSSCSC CIS_131_1989
2 Sep 1991
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1991] UKSSCSC CIS_109_1989
26 Sep 1991
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1991] UKSSCSC CI_308_1989
1 Oct 1991
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1991] UKSSCSC CIS_201_1989
30 Oct 1991
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1991] UKSSCSC CU_21_1991
5 Nov 1991
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1991] UKSSCSC CIS_49_1990
5 Nov 1991
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1991] UKSSCSC CF_22_1989
27 Nov 1991
SSCS

Benefits

[ Bailii ]
 
Cassinelli v Secretary of State for Social Security [1991] UKSSCSC CM_331_1988
29 Nov 1991
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1991] UKSSCSC CF_10_1991
2 Dec 1991
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1991] UKSSCSC CIS_449_1990
2 Dec 1991
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1991] UKSSCSC CIS_371_1990
3 Dec 1991
SSCS

Benefits

[ Bailii ]
 
(Un-named) (Unemployment Benefit) [1991] UKSSCSC CU_88_1999
18 Dec 1991
SSCS

Benefits
Compensation for termination of employment - "ex gratia" payment ... in recognition of your time with us" - whether "made . . in respect of the termination of the employment"
[ Bailii ]
 
(Un-named) (Family Credit) [1991] UKSSCSC CFC_20_1989
19 Dec 1991
SSCS

Benefits
Remunerative work - claimant working more than the hours for which she was contracted to work - whether actual working hours to be taken into account
[ Bailii ]
 
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