Great Britain Decisions to be reported in December 2008

Editorial Board 08.09.08

(Note: the keywords may not be the same in the headnotes to the decisions as reported)

Decisions of Commissioners

R(CS) 9/08
CCS/2342/2007

Calculation of income – "salary sacrifice" arrangements

R(DLA) 3/08
CSDLA/500/2007
CSDLA/524/2007

Tribunal practice – record of proceedings – whether note of submissions required

Commissioners’ jurisdiction – whether a tribunal’s breach of a procedural requirement necessarily renders its decision erroneous in point of law

R(H) 8/08
CH/2675/2007

Income – whether loan is income

R(H) 9/08
CH/4250/2006

Housing benefit – eligible payments – mooring charges – meaning of houseboat for HB purposes

R(H) 10/08
CH/3586/2007

Recovery of overpayments – obligation to report changes of circumstances – meaning of "relevant authority" in the context of official error

R(IB) 1/08
CIB/2619/2007

Exemptions from PCA – interpretation of regulation 10(2)(e)(viii) of the Social Security (Incapacity for Work) (General) Regulations 1995

R(IS) 8/08
CIS/2364/2006

Right to reside – workseeker – whether work sought must be likely to be effective and genuine

R(IS) 9/08
CIS/3101/2007
CIS/3102/2007
CIS/3103/2007
CIS/3104/2007

Whether boarding–out allowance saved by foster carer to meet future expenditure count as capital and if so whether held on trust
R(IS) 3/93 preferred to CIS/515/2006
Precedence – whether R(IS) 13/01 still good law

R(IS) 10/08
CIS/3611/2007

Recovery of overpayments – amount recoverable – undeclared capital of claimant’s children – whether regulation 14 PAOR Regs (diminution of capital) applies

R(IS) 11/08
CIS/43/2008

Entitlement for carer before child benefit awarded

R(IS) 12/08
CIS/102/2008

Housing costs – whether loan taken out "to acquire alternative accommodation more suited to the special needs of a disabled person – CIS/14551/1996 considered and followed

R(JSA) 1/08
CJSA/63/2007

Jobseeker’s allowance – voluntary unemployment – whether just cause for leaving stop-gap employment

R(PC) 1/08
CPC/3396/2006

Whether failure to make regulations allowing backdating of award of state pension credit to successful asylum seeker in breach of Article 14 of European Convention on Human Rights read with Article 1 Protocol 1

R(PC) 2/08
CPC/204/2006

Housing costs – estimated service charges – supersession of award of state pension credit when actual service charges known

R(PC) 3/08
CPC/1370/2007

Metamorphosis of income into capital for SPC purposes – diminution of notional and actual capital under SPC rules

Decisions of Courts

R(CS) 10/08
R (Starling) v Child Support Commissioners [2008] EWHC 1319 (Admin)
Judgment of Collins J only
Judicial review of refusal of leave to appeal by Commissioner – consideration by tribunal of issue not raised by the appeal