Care Allowance withheld for full time student
The claimant cared for her daughter but then commenced a university degree course. Being in full time education, her entitlement to Invalid Care Allowance was withheld. The Secretary of State appealed against a re-instatement of the benefit.
Held: The SS’s appeal succeeded. In deciding whether the claimant was in full time education it was not correct to refer simply to the hours of attendance. Where a course is described as full-time there might be a presumption that the claimant was in full-time education. The court must allow for exceptions, for example where the student was granted exemptions from part of the course. The tribunal’s task was, having examined what was both offered and expected of the student against the student’s actual attendance at and work for the course, to look at the matter as a whole and seek an answer to ‘is this applicant receiving full-time education?.’
Ward, Hallett, Hughes LJJ
[2010] EWCA Civ 699, [2010] AACR 42, [2011] PTSR 289, [2010] ELR 662
Bailii
Social Security Contributions and Benefits Act 1992, Social Security (Invalid Care Allowance) Regulations 1976 5
England and Wales
Citing:
Appeal from – (Un-named) UTAA 9-Mar-2009
The claimant’s appeal to the Upper Tribunal is allowed. The decision of the Liverpool appeal tribunal dated 9 October 2007 involved an error of law, for the reason given below, and I set it aside. The case is remitted to a differently constituted . .
Cited – Tina Yasmin Flemming v The Secretary of State for Work and Pensions CA 10-May-2002
. .
Cited – Wright-Turner v Department for Social Development CANI 11-Jan-2002
Appeal from rejection of claim for invalid care allowance . .
Lists of cited by and citing cases may be incomplete.
Benefits, Education
Updated: 01 November 2021; Ref: scu.417714
