× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Housing costs  →  Thread

How should payment of an arts council grant be treated for HB purposes?

CharlieK
forum member

Welfare Benefits, Charter Community Housing, Oxfordshire

Send message

Total Posts: 9

Joined: 10 September 2010

Good afternoon


I would be grateful for any advice you could give me.

client is a disabled self employed person who scupts prosthetics for films etc Gets IB , WTC HRM and LRCC

My client has received an arts council grant for £15.526 in April.  she says that £5541.00 was for access and support due to disability and is paying for a special sculting stand.  Our local authority is treating the grant as capital and has applied tariff income.  LA were only made aware of the grant following completion of an intervention form and bank statements being requested. 
Are the council correct to treat the grant as capital?  Can any of it be defrayed as self employment costs?  Claimant says all of it has gone back into her business.  I cannot find anything in CPAG which says how this grant should be treated. 

Please help as I am at a loss

Thanks

Stainsby
forum member

Welfare rights adviser - Plumstead Community Law Centre

Send message

Total Posts: 622

Joined: 17 June 2010

If he applied for the grant for a specific purpose, then it is arguable that should not be treated as capital belonging to the claimant..  This is the so called Quistclose princple (after Barclays Bank v Quistclose Investments Ltd [1970] AC 567)  There are a number of Commissioners decisions which uphold the Quistclose princple.

In R(SB)1/85 the claimants mother in law provided the money to buy a lease on a holiday chalet for the claimants mentally handicapped son.  The Commissioner held that this gave rise to a pesumption of a trust in favour of the mother-in law and so the claimant did not have an asset that she could sell.

The principle was also upheld in CIS/30/1993,  and R(SB)12/86

File Attachments