Litigation Recent Decisions 22/07/97

Decisions are taken from Lawtel's legal database. LTL: Lawtel report; TLR: Times Law Reports; ILR: Independent Law Report.

Student's entitlement to income support

Chief adjudication officer v Anthony Webber (1997)

Court: CA (Evans LJ, Peter Gibson LJ and Hobhouse LJ) 1/7/9Summary: Whether a part-time student was not entitled to income support when not in fact studying by reason of a statutory deeming provision. Chief Adjudication Officer's appeal from the decision of Social Security Commissioner, Mr Sanders, holding that Anthony Webber was, for a period commencing 1 October 1993, entitled to income support under the Income Support (General) Regulations 1987. It is a condition under s.124 Social Security Contributions and Benefits Act 1992 that to be entitled to income support the claimant should be "available for and actively seeking employment". Under Regulation 10(1) a claimant shall not be treated as available for employment if he is a student during the period of study.