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Upper Tribunal (Administrative Appeals Chamber)
You are here: BAILII >> Databases >> Upper Tribunal (Administrative Appeals Chamber) >> Secretary of State for Work and Pensions v GF (ESA) (Capital - Ownership/Possession) [2017] UKUT 333 (AAC) (10 August 2017)
URL: http://www.bailii.org/uk/cases/UKUT/AAC/2017/333.html
Cite as: [2017] UKUT 333 (AAC)
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Secretary of State for Work and Pensions v GF (ESA) (Capital - Ownership/Possession) [2017] UKUT 333 (AAC) (10 August 2017)
Claimant had earmarked some £50k in savings to meet certain but as yet unquantified substantial court costs liability - Funds so earmarked not disclosed to DWP when claiming income-related ESA - Whether FTT right to find that funds “in trust” to pay court costs and so not the claimant’s capital - R(SB) 2/83 and CAO v Leeves (R(IS) 5/99) considered - “the mere existence of unpaid liabilities, even if payment is due, does not affect the calculation of the amount of capital for benefit purposes” (JH v SSWP [2009] UKUT 1 (AAC)) - law of trusts considered.
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