||All England Reporter
|| All ER (D) 179 (Jul)
|| EWCA Civ 964
||Court of Appeal, Civil Division
Schiemann, Buxton and Dyson LJJ
||Donald Broatch (instructed by Lamberts) for the claimant.
||Jeremy Johnson (instructed by the Solicitor for the Department of Work and Pensions) for the Secretary of State.
||10 July 2003
Social security - Income support - Entitlement - Capital limit - Calculation of capital - Debtor not depriving himself of capital for the purpose of securing entitlement to income support when repaying debt to creditor pressing for repayment.
Where a creditor was pressing for repayment of a sum repayable on demand and the debtor repaid that debt, that repayment could not be regarded as the debtor depriving himself of capital for the purpose of securing entitlement to income support, as the debtor had no choice about the repayment of the debt. In the instant case, a social security tribunal and the Social Security Commissioner had erred in finding that the claimant had artificially reduced her capital so as to make herself eligible for income support, and she therefore remained eligible for income support.
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