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You are here: BAILII >> Databases >> UK Social Security and Child Support Commissioners' Decisions >> [2007] UKSSCSC CIS_647_2007 (10 July 2007) URL: http://www.bailii.org/uk/cases/UKSSCSC/2007/CIS_647_2007.html Cite as: [2007] UKSSCSC CIS_647_2007 |
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[2007] UKSSCSC CIS_647_2007 (10 July 2007)
I SET ASIDE the decision of the Wrexham appeal tribunal, held on 9 August 2006 under reference U/03/209/2006/00460, because it is erroneous in point of law.
I give the decision that the appeal tribunal should have given, without making fresh or further findings of fact.
My DECISION is that the decision on the claimant's claim for income support made on 8 August 2005 was correct in fact and law. The decision-maker dealt correctly with the claimant's payments of tax credit received before 24 October 2005.
The issue and how it arises
The law
'On the other hand, it seems plain to me that, following demand made by Hampshire County Council in its letter of 24 May, at which point the claimant became under an obligation of immediate repayment in respect of his grant, that part of the claimant's grant required to be taken into account over the weeks which followed under regulation 29 thereby lost its character as "income" on any ordinary understanding of the word.'
The words that I have put into bold are determinative of this case. They make it clear that the effect of a demand for repayment is only effective as regards income to be attributed to the future. The demand and the obligation that arises as a result do not have retrospective effect to remove the quality of income from the payments that have already been made and attributed. It follows that the tribunal was wrong to distinguish the case. The key date is the date of the demand for repayment. It is irrelevant whether that date is before or after the decision-maker's decision on the income support claim.
Disposal
Signed on original on 10 July 2007 |
Edward Jacobs Commissioner |