Court of Appeal

Published March 26, 2008

Casewell v Secretary of State for Work and Pensions

Before Lord Justice Tuckey, Lord Justice Rix and Sir Robin Auld

Judgment March 11, 2008

The payment of an allowance to a disabled wife to pay for carer service was part of the husband’s income for assessing his income support if he was that carer.

The Court of Appeal so stated dismissing the appeal of the claimant, Stephen Casewell, from Mr Commissioner Charles Turnbull who, on March 14, 2007, allowed the appeal of the Secretary of State for Work and Pensions from the Stoke-on-Trent Appeal Tribunal which had on January 5, 2006 upheld his appeal against the review of his income support assessment made by Staffordshire County Council on October 7, 2005, which reduced his income support by £20 on the ground that he was in receipt of additional £73.50 weekly income made to him by his wife, Nicola Casewell, for his care of her.

Mr Daniel Kolinsky for Mr Casewell; Mr Martin Chamberlain for the secretary of state.

SIR ROBIN AULD said that a local authority, instead of providing care for a disabled person, could make a community care service payment.

In this case, the local authority had paid £73.50 direct to the wife as a disabled person to purchase service of a carer; Mr Casewell was providing the care service to his wife.

It was argued that under the statutory scheme there was no scope for treating that income as having then been paid to Mr Casewell.

His Lordship said that section 136(1) of the Social Security Contributions and Benefits Act 1992 lumped together all incomes of the family where one or more persons claimed income support.

It was irrelevant for the purpose of lumping together earnings which went to his income or to his wife. The payment of £73.50 was the payment to him by his wife for his service to her.

If he had not provided the care service, the authority would have to engage someone else to provide the service and to pay that person.

Lord Justice Tuckey and Lord Justice Rix agreed.

Solicitors: Ms Sarah Clarke; Solicitor, Department of Work and Pensions.

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