SM v Secretary of State for Work and Pensions [2021] WTLR 1025

Autumn 2021 #184

On 3 August 2016, the appellant made a claim for income-related Employment and Support Allowance, asking for any award to be backdated to 2 June 2016. The appellant was in receipt of regular monthly payments from discretionary family trusts of £600 per month, rising to £750 per month from July 2016. She also received £750 per month from a lodger from July 2016.

Her application was refused on 10 July 2018 on the basis that her income exceeded the limit under the Employment and Support Allowance Regulations 2008. A mandatory reconsideration confirmed the initial outcome, an...