The disabled applicant received assistance from her daughter who had given up work to care for her, and whom she paid andpound;45.00 a week. The council applied their policy whch disallowed a deduction from her income of that sum.
Held: The council had treated policy as a rule, which it was not. The council could lawfully apply that policy but had to give consideration to whether the particular situation required it to be departed from. The council had already allowed exceptions for cases where cultural issues arose. The payments made were genuine even though small. The policy was founded on an assumption that the services provided were essentially voluntary. They were not.
Judges:
Sedley LJ, Wall LJ, Richards J
Citations:
[2005] EWCA Civ 960, Times 26-Jul-2005
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Stephenson, Regina (on the Application Of) v Stockton-On-Tees Borough Council Admn 12-Oct-2004
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Lists of cited by and citing cases may be incomplete.
Local Government, Benefits
Updated: 01 July 2022; Ref: scu.229009