Decision Summary Information

Back to Results | Search Again | Most Recent Decisions

Neutral Citation Number:
Reported Number: R(IS)13/94
File Number: CIS 809 1991
Appellant:
Respondent:
Judge/Commissioner: Dr D. G. Rice
Date Of Decision: 25/06/1993
Date Added: 28/06/2002
Main Category: Capital
Main Subcategory: Notional Capital: deprivation
Secondary Category:
Secondary Subcategory:
Notes: Housing costs - claimant buying council house before claiming income support - whether housing costs liable to be restricted On 28 May 1990 the claimant purchased from the local authority the council house she had been renting. Prior to purchasing the home the claimant had capital in excess of £8,000 and was not entitled to income support. By purchasing her home the claimant reduced her capital below £8,000. On a claim made on 3 October 1990 the adjudication officer awarded income support from 23 May 1990, the first day of the benefit week in which the claimant’s capital reduced below £8,000. The adjudication officer restricted the claimant’s housing costs on the ground that she was in receipt of income support on 28 May 1990 when she purchased her home. The restriction was made under paragraph 10(1) of Schedule 3 to the Income Support (General) Regulations 1987 to the amount of the eligible rent immediately before the date of purchase. The social security appeal tribunal upheld the adjudication officer’s decision. The claimant appealed to a social security Commissioner. In remitting the appeal the Commissioner, Held that: 1. this is a new claim for income support and entitlement to income support could not begin until 29 May 1990, the day after the claimant’s capital reduced below £8,000 (para. 4); 2. as the claimant was not in receipt of income support on 28 May 1990 when she purchased the home her housing costs should not have been restricted under paragraph 10(l) of Schedule 3 to the Income Support (General) Regulations 1987 (para. 5); 3. the tribunal erred in not considering whether the claimant had deprived herself of a capital asset in purchasing the home, under regulation 51(1) of the Income Support (General) Regulations 1987 (para. 6).
Decision(s) to Download: IS13_94.doc IS13_94.doc