Decisions reported in June 2008
The following reported decisions are now available on this website
R(AF) 2/08
War disablement pension – attributability to service – psychiatric injury accepted – whether disablement due to self–inflicted physical injury attributable to service
R(CS) 3/08
Application for maintenance – prescribed benefit obtained by fraud – whether secretary of state has power to make maintenance calculation.
Revision and supersession – child support maintenance – prescribed benefit obtained by fraud – whether Secretary of State has power to revise.
R(CS) 4/08
Calculation of income – expenses 'wholly, exclusively and necessarily incurred in the performance of the duties of the employment' – car allowance paid by employer – whether apportionable between business and personal use.
R(CS) 5/08
Departure direction – whether car parking charges are "minor incidental costs" incurred in connection with travel between home and normal place of work.
R(DLA) 1/08
Care component – ability to prepare a cooked main meal – whether nausea relevant.
R(H) 5/08
Calculation of income – self–employed earner – whether losses in claimant’s business can be offset against partner’s employed earnings.
R(H) 6/08
Housing benefit – rent restrictions – exemption where housing–related support provided by person "acting on behalf of landlord" – support provided to the tenant by a third party who acts on behalf of the landlord in some respect other than providing support.
R(H) 7/08
Capital – whether a caravan is capital – whether to be disregarded as a personal possession
R(IS) 2/08
Tribunal practice and procedure – appeal against decision that claimant is not entitled to benefit – whether tribunal required to determine entitlement.
R(IS) 3/08
Residence and presence conditions – right to reside – whether temporary admission is a right to reside.
European Union law – free movement – whether an asylum–seeker is legally resident for the purposes of Article 16 of Directive 2004/38/EC.
R(IS) 4/08
(Mote v Secretary of State for Work and Pensions and another [2007] EWCA Civ 1324)
Tribunal practice – fair hearing – whether overpayment appeal should be adjourned pending criminal proceedings.
