SM v Secretary of State for Work and Pensions (ESA): UTAA 2 Sep 2020

This decision is about whether payments from a discretionary trust established under the Appellant’s parents’ wills are ‘voluntary payments’ within the meaning of paragraph 16(3)(b) of Schedule 8 to the ESA Regulations and, if they are, whether the disregard provisions fall to be disapplied pursuant to paragraph 16(2) of Schedule 8, which provides that paragraph 16(1) of Schedule 8 does not apply to ‘a payment which is made by a person for the maintenance of any member of that person’s family…’.

Citations:

[2020] UKUT 265 (AAC)

Links:

Bailii

Jurisdiction:

England and Wales

Benefits

Updated: 21 May 2022; Ref: scu.656582