When a person needs to be in receipt of a qualifying benefit to get another does he need to be in receipt of the qualifying benefit lawfully or does mere facual receipt of it qualify him for the relevant benefit. I know there is some case law about this but cannot remember details.

My client has a funeral payment appeal. A8 national on HB at date of SF claim but wrongly as has not done 12 months registered work. Any takers?

Not sure if this is what you had in mind... In two HB cases, it was found that being "on" IS/JSA(IB) meant being entitled:

R v South Ribble BC ex parte Hamilton (2000) EWCA Civ 518 & 33 HLR 104 CA
www.bailii.org/ew/cases/EWCA/Civ/2000/518.html

R(oao Prince) v Soc Sec Cmmr (2009) EWHC Admin 1181
www.bailii.org/ew/cases/EWHC/Admin/2009/1181.html

Thanks Kevin. These were the cases I had in mind. Both are distinguished from my case in fact and in law but they have helped highlight the relevant issues and sharpen my focus. Thanks again.