Secretary of State for Work and Pensions v W: CA 18 May 2005

The claimant had been married with children. Her husband was accused of abuse of the children, and bailed to live away from home, and then convicted and imprisoned. The claimant applied for income support on the basis that she had been abandoned within the regulations. The Secretary of State appealed a finding that she had been.
Held: The meaning of ‘abandoned’ in benefits law is to be taken to be the same as ‘desertion’ in matrimonial law. The husband would be deemed to be in desertion, and the benefits were payable accordingly.

Citations:

[2005] EWCA Civ 570, Times 11-Jun-2005

Links:

Bailii

Statutes:

Social Security Contributions and Benefit Act 1992 12494), Income Support (General) Regulations 1987 17(1)

Jurisdiction:

England and Wales

Citing:

CitedSickert v Sickert 1899
The court discussed the doctrine of constructive desertion in family law: ‘In most cases of desertion the guilty party actually leaves the other but it is not always or necessarily the guilty party who leaves the matrimonial home. In my opinion, the . .
CitedGriffiths v Griffiths CA 1964
The test for whether there had been constructive desertion was: ‘Was the husband guilty of such grave and weighty misconduct that he must have known that his wife, if she acted like any reasonable woman in her position, would in all probability . .
CitedIngram v Ingram 1956
The wife had been convicted of treason, and imprisoned. The husband claimed constructive desertion:
Held: A marriage partner’s criminal conduct can amount to constructive desertion if that conduct ‘strikes at the roots of the matrimonial . .
CitedLang v Lang PC 1955
It is the intention of the deserting party which establishes desertion, and that the intention permanently to end a relationship can be readily inferred. Where a husband’s conduct towards his wife was such that a reasonable man would know, and that . .
CitedBeeken v Beeken 1948
The separation element in desertion may result from a period of compulsory detention. . .
CitedSickert v Sickert 1899
The court discussed the doctrine of constructive desertion in family law: ‘In most cases of desertion the guilty party actually leaves the other but it is not always or necessarily the guilty party who leaves the matrimonial home. In my opinion, the . .
Lists of cited by and citing cases may be incomplete.

Benefits

Updated: 30 June 2022; Ref: scu.224946