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SM v Secretary of State for Work and Pensions (ESA) (Earnings and other income, Employment and support allowance) [2020] UKUT 265 (AAC) (2 September 2020)
URL: http://www.bailii.org/uk/cases/UKUT/AAC/2020/265.html Cite as:
[2020] UKUT 265 (AAC),
[2021] WTLR 1025
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SM v Secretary of State for Work and Pensions (ESA) [2020] UKUT 265 (AAC) (2 September 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...".
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