R(SB) 2/83 (Tribunal decision)

Similar documents
R(SB) 38/S s5. Resources deprivation of a capital resource.

APPEAL FROM DECISION OF SOCIAL SECURITY APPEAL TRIBUNAL ON A

"1. The valuation of the property the subject of the appeal as at the date of the decision

Resources Treatment of compensation award made by an Industrial Tribunal

DECISION OF THE SOCIAL SECURITY COMMISSIONER

Reports or Connecticut Appellate Reports, the

CJSA/1080i2002 DECISION OF THE SOCIAL SECURITY COMMISSIONER. "We cannot pay you Jobseeker's Allowance &om 11 January 2001.

SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS ACT 1992,SOCIAL SECURITY ADMINISTRATION ACT 1992

APPEAL FROM DECISION OF SOCIAL SECURITY APPEAL TRIBUNAL ON A

: -~c ~ 0>pyre. Md. c'm~

SOCIAL SECURITY ACTS

THE IMMIGRATION ACTS. Before DEPUTY UPPER TRIBUNAL JUDGE M A HALL. Between. THE SECRETARY OF STATE FOR THE HOME DEPARTMENT Appellant and

SOCIAL SECURITY ACT 1986

THE BLACK MONEY (UNDISCLOSED FOREIGN INCOME AND ASSETS) AND IMPOSITION OF TAX BILL, 2015

Appellant's Name: Michael McNab. Commissioner's File No: CSB/598/1983. This case is starred as it decides that the words

Case 2:14-cv WTL-WGH Document 14 Filed 01/14/15 Page 1 of 6 PageID #: 390

IN THE HIGH COURT OF JUSTICE BETWEEN BRIAN MOORE. And PUBLIC SERVICES CREDIT UNION CO-OPERATIVE SOCIETY LIMITED

R(SB) 10/ Resources disregard of the value of the home which comprises two separate properties.

2. This is an appeal to the Commissioner by the claimant, a is as follows: Invalidity pension is not payable

JMe/1/LM Commissioner s File: CIS/706/92 SOCIAL SECURITY ACT 1986 SOCIAL SECURITY ADMINISTRATION ACT 1992 APPEAL FROM QUESTION OF DECIS1ON OF SOCIAL

NELSON MANDELA BAY MUNICIPALITY JUDGMENT. [1] At issue in this application is whether a fixed contract of

CHAPTER 113A CRIMINAL APPEAL

SOLICITORS DISCIPLINARY TRIBUNAL. IN THE MATTER OF THE SOLICITORS ACT 1974 Case No and. Before:

Goods Mortgages Bill [HL]

It is most unusual and judicially improper for a Court to publish its judgment in the public media

SOCIAL SECURITY TRIBUNAL DECISION Appeal Division

APPEAL FROM DECISION OF SOCIAL SECURITY APPEAL TRIBUNAL ON A QUESTION OF LAW

Criminal Procedure Act, 1993

This appeal is the latest in a number of appeals arising from divorce and custody

NORTHEAST UNITED SOCCER CLUB, INC. (A KANSAS NOT FOR PROFIT CORPORATION) ARTICLE I. Offices

24 Appeals and Revision

DECISION OF THE SOCIAL SECURITY COMMISSIONER

IC Chapter 17. Claims for Benefits

IN THE HIGH COURT OF JUSTICE SAN FERNANDO BETWEEN AND BETWEEN AND. Mr. G. Mungalsingh instructed by Mr. R. Mungalsingh for the Claimant.

Status: This is the original version (as it was originally enacted). ELIZABETH II c. 19. Employment Act CHAPTER 19 PART I TRADE UNIONS

Jobseekers Act CHAPTER 18 LONDON: HMSO

THE IMMIGRATION ACTS. On 26 November 2015 On 18 December 2015 Delivered Orally. Before UPPER TRIBUNAL JUDGE GOLDSTEIN. Between

Number 10 of Valuation (Amendment) Act 2015

IN THE HIGH COURT OF JUSTICE BETWEEN AND BEFORE THE HONOURABLE MADAME JUSTICE DEAN-ARMORER REASONS

A2 self-employed workers and social welfare rights - Solovastru v Minister for Social and Family Affairs

R v Penwith District Council, ex parte Burt

IN THE COURT OF APPEAL OF NEW ZEALAND CA553/2010 [2011] NZCA 368. Appellant. SOUTH CANTERBURY FINANCE LIMITED Respondent

CHAPTER II THE AIR CORPORATIONS (TRANSFER OF UNDERTAKINGS AND REPEAL) ORDINANCE, 1994 (4 OF 1994)

IN THE SUPREME COURT OF BELIZE A.D.2009 BETWEEN: THE ATTORNEY GENERAL CLAIMANT

THE UNITED REPUBLIC OF TANZANIA THE TAX REVENUE APPEALS ACT CHAPTER 408 REVISED EDITION 2006

IN THE HIGH COURT OF JUSTICE SAN FERNANDO

Transport (Scotland) Bill

PRIVATIZATION ACT NO. 2 OF 2005 LAWS OF KENYA

THE STATUTES OF THE REPUBLIC OF SINGAPORE INTERNATIONAL ARBITRATION ACT (CHAPTER 143A)

Bankruptcy and Debt Advice (Scotland) Bill [AS INTRODUCED]

Planning and Compulsory Purchase Act 2004 c. 5. Part 3 DEVELOPMENT. Development plan

SUPREME COURT OF QUEENSLAND

Children and Families Bill

JUDGMENT OF THE COURT (Sixth Chamber) 12 December 2002 *

THE IMMIGRATION ACTS. On 20 January 2006 On 07 March Before MR P R LANE (SENIOR IMMIGRATION JUDGE) SIR JEFFREY JAMES. Between.

Resources treatmeut of mandatory education graut meauiug and duration of Christmasaud Easter vacations.

Employment Act CHAPTER 22

JUDGMENT. Tiuta International Limited (in liquidation) (Respondent) v De Villiers Surveyors Limited (Appellant)

The court may allow a witness to give evidence through a video link or by other

SEVENTY-SEVENTH SESSION

Making official information requests

Criminal Appeal Act 1968

Carrier Bags Act (Northern Ireland) 2014

Dispute Resolution Around the World. Azerbaijan

IN THE HIGH COURT OF SOUTH AFRICA (NORTH GAUTENG HIGH COURT, PRETORIA)

Guarantee. THIS DEED is dated. 1. Definitions and Interpretation. 1.1 Definitions. In this Deed:

Funeral Planning Authority Rules

Children and Families Bill

Construction Law: Recent Developments of Importance

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY CIV [2012] NZHC MAMAKU HIGHLANDS LTD Intended Respondent

of the United (b) in consequence of the Administration's actions, the Tribunal awards the Applicant US$7, in damages;

THE MENTAL HEALTH ACTS, 1962 to 1964

(a) the purpose of the agreement was to achieve the objective of reconstructing the Lloyd s market:

Region: North. Case No: 148/1515. jbp/6/md Commissioner's File: CS/100/SS. Name: [ORAL HEARING]

THE SICK INDUSTIRAL COMPANIES (SPECIAL PROVISIONS) ACT, 1985 (1 of 1986)

Number 45 of 2001 PROTECTION OF EMPLOYEES (PART-TIME WORK) ACT, 2001 ARRANGEMENT OF SECTIONS PART 1. Preliminary and General

IN THE HIGH COURT OF JUSTICE IN THE MATTER OF EASTERN CREDIT UNION CO-OPERATIVE SOCIETY LIMITED AND IN THE MATTER OF THE COMPANIES ACT 1995 BETWEEN

APPENDIX FOR MARGIN ACCOUNTS

CHARITIES AND TRUSTEE INVESTMENT (SCOTLAND) ACT 2005 EXPLANATORY NOTES

JUDGMENT OF THE COURT 6 March 2003 *

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3650 OF 2014

Communication 243/2001, Women's Legal Aid Center (on behalf of Sophia Moto) v Tanzania

Variation of Lump Sums All Change on Costs Allowances. Coram Chambers. Michael Horton Richard Yorke. 21 March 2013

Third District Court of Appeal State of Florida, January Term, A.D., 2012

LOCAL AUTHORITIES FISCAL CONTROL LAW. This act shall be known and may be cited as the "Local Authorities Fiscal Control Law."

Victoria House Bloomsbury Place London WC1A 2EB 20 April Before: Marion Simmons QC (Chairman) Dr Arthur Pryor CB Mr David Summers

R U L E S FAMILY ASSURANCE FRIENDLY SOCIETY LIMITED. Registered Number 939F

Case No: 17/2. [S No.1399]. Region: Wales dc South Western. Social Security Appeal TribunaL Torquay

SUPREME COURT OF QUEENSLAND

Judicial Review and Pre-permission Costs Karen Ashton and Anne McMurdie Public Law Solicitors The Public Law and Judicial Review North Conference 2014

R(SB) 11/S5. Resources-treatment of final earnings on termination of full-time wo rk.

Enforcement of U.S. Court Judgments and Arbitral Awards in England

IN THE HIGH COURT OF JUSTICE. Between ROBERTO CHARLES AND SHASTRI PRABHUDIAL

IN THE COURT OF COMMON PLEAS

INTEGRITY IN PUBLIC LIFE ACT

The Canadian Institute ADVANCED ADMINISTRATIVE LAW & PRACTICE May 1 and 2, 2008

CHAPTER 359 FINANCIAL ADMINISTRATION AND AUDIT ARRANGEMENT OF SECTIONS PART I PRELIMINARY SECTION. 1. Short title. 2. Interpretation.

STATE OF MICHIGAN COURT OF APPEALS

CHAPTER 4 THE ARBITRATION AND CONCILIATION ACT. Arrangement of Sections.

THE IMMIGRATION (AMENDMENT)(NO. 2 ) LAW,

Transcription:

2.8.82 R(SB) 2/83 (Tribunal decision) SUPPLEMENTARY BENEFIT Resources computation of capital resources. When he claimed supplementary benefit the claimant was closing down his business. Hedeclared that hehadcapitd assets inexcess of f2,~in a building society account. Accordingly the supplementary benefit officer decided that the claimant was excluded from receiving supplementary benefit by virtue of regulation 7 of the Supplementary Benefit (Resources) Regulations 1980 (S.1. 1980/1300). The claimant produced aletter from hisaccountant indicating that asat the date of claim hehadtax liabilities of about L2,000and argued that this sum should be disregarded in computing his capital resources. The supplementary benefit officer rejected the claimant s argument. On appeal the tribunal upheld the benefit officer s decision. The claimant appealed to a Social Security Commissioner.

R(SB)2/83 Held that: 1. on the evidence before them, the tribunal were correct to proceed upon the basis that the monies were a capitrd resource and were not business assets (paragraphs 6 to 8); 2. the tribunal has an inquisitorial function to perform and is not adversarial in nature. They are not expected to question the facts presented where there is no suggestion that the claimant is unsure of the facts presented by him. The primary duty for making out his case falls on the claimant and the tribunal would not err if they failed to identify an uncanvassed point in favour of the claimant save in the most obvious and clear cut of circumstances (paragraphs 10 and 11); 3. under regulation 5 of the Supplementary Benefit (Resources) Regulations 1980 capital resources are to be treated as constituting the gross assets of a claimant. No deduction can be made for indebtedness except in the circumstances mentioned in regulation 5(a)(ii) (paragraph 14). The appeal was dismissed. 1. Our decision is that the decision of the supplementary benefit appeal tribunal dated 16 February 1981 is not erroneous in point of Iaw, and accordingly this appeal fails. 2. On 30 December 1980 the claimant claimed supplementary benefit because he was then in the process of closing down his business as a toolmaker and was unemployed. When he was interviewed at the local office, he declared that he had capital assets of f2, 118.98 in his Birmingham Building Society account,.f27 in his Midland Bank deposit account, and E300 in his National Westminster Bank business account. Furthermore, he declared that his wife had a Midland Bank current account, but that he did not know how much it contained. On 19 January 1981 he was again interviewed, when he stated that he now had :1,945.83 in his Birmingham Building Society account, approximately &60 m his National Westminster Bank business account, and that he had closed his Midland Bank deposit account. He still did not know how much his wife had in her Midland Bank current account. Later that day, he withdrew H,000 from his building society account and paid part of hls outstanding tax liability. At some stage the claimant produced a letter from his accountant indicating that as at the date of his claim he had tax liabilities of approximately f2,000. 3. In the light of the evidence the supplementary benefit officer decided that during the inclusive period from 30 December 1980 to 19 January 1981 the claimant had capital resources in excess of &2,000and as a result was not entitled to supplementary benefit; regulation 7 of the Supplementary Benefit (Resources) Regulations 1980 [S.1. 1980/13001. 4. The claimant appealed against this decision to the supplementary benefit appeal tribunal, which in the event upheld the supplementary benefit officer. At that hearing, in addition to referring to regulation 5(a)(ii), the claimant appea;s to have relied on regulation 6(l)(a)(v), contending that the money m the Birmingham Building Society account represented assets of his business, and that it was appropriate that this sum should be disregarded in computing his capital resources for the purposes of a claim to supplementary benefit. The tribunal rejected this argument, and gave as their reasons the following: The tribunal had regard to the paragraphs of Supplementary Benefit (Resources) Regulations 1980 as quoted by the appellant, and they were satisfied these did not apply to the circumstances of the appeal. The money in question was held in a personal account and could be drawn upon at any time and for any purpose. It was considered therefore that the appellant held capital assets available to him in 556

Wz mm

R(SB)2/83 Commissioner, or, for that matter, a Tribunal of Commissioners, and not infrequently Commissioners do of their own volition discover points, which were never put forward by the claimant, but which are instrumental in giving rise to a decision favorable to the claimant.) However, although the members of a tribunal must investigate any matter which occurs to them as having any relevance to the appeal before them, they are not expected to question the facts presented to them in case after further investigation they might prove (to the advantage of the claimant) to be materially different, especially when, as here, there has been no suggestion on the part of the claimant that he is unsure of the facts as presented by him. We reach this conclusion irrespective of the fact that in the case of supplementary benefit appeal tribunals the chairman is often not legally qualified. Indeed, exactly the same principle applies whether the chairman is or is not legally qualified. 11. Of course, in a particular case it may be that a particular factual point was so obvious and self-evident that any tribunal ought to have considered it, irrespective of whether it was specifically made by the claimant. Everything will depend upon the circumstances in any given instance. However, the primary duty for making out his case falls on the claimant, and he must not expect to rely on the tribunal s own expertise. We would be slow to convict a tribunal of failure to identify an uncanvassed factual point in favour of the claimant in the absence of the most obvious and clear-cut circumstances. There were certainly no such circumstances in the present case. We do not think the tribunal were under any duty to identify the building society investment with the claimant s business assets and thereby to make out the entirety of the claimant s case ab initio. They heard the evidence presented to them and on that evidence reached the conclusion that the relevant monies were not business assets. No mistake of law was made, and as far as that issue is concerned there are no grounds for our interfering with the tribunal s decision. Indeed, in the grounds given for applying for leave to appeal the claimant himself specifically stated that there were no assets directly attributable to the business. 12. The point which has given us more difficulty is whether or not, in computing the extent of the claimant s capital resources, account should be taken of liabilities, i.e. over and above the extent to which this is specificzdly allowed by regulation 5(a)(ii) of the Supplementary Benefit (Resources) Regulations 1980. Mr Rowland did not initially direct his remarks to consideration of this issue, but when invited so to do, he did make some helpful submissions in support of the view that liabilities are invariably deductible. Mr Birch, on the other hand, contended that under the Supplementary Benefit (Resources) Regulations 1980 capital resources meant gross resources, and not net resources. If a claimant had assets in excess of f12,000, but liabilities, which if paid, would diminish his assets below the E2,000 figure, then his remedy was to discharge his indebtedness, at least to the extent necessary to bring his resources below this statutory limit. It is unfortunate in the extreme that the regulations do not define in unequivocal terms the meaning of capital resources. In the commercial world it would be regarded as the height of folly for anyone to compute his assets without taking into account his liabilities. Indeed, in the bankruptcy jurisdiction such a course of conduct might well give rise to criminal liability. Moreover, if the man in the street were asked what his capital resources were, he would, in our judgment, have regard to his net worth and not to any artificial figure which takes no account of his liabilities. Accordingly, it is something of an affront to commonsense to construe capital resources without regard to liabilities. However, we are concerned solely with what Parliament has, in fact, decreed, or must be taken to have decreed, in the relevant statutory provisions. 558

tlvz (WmI 6SS