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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

07 DEC 2011

Minter v Kingston Upon Hull City Council [2011] EWCA Civ 1155

Social security – calculation of benefits – definition of ‘income’ – settlements – equal pay claims

Money received as part of a settlement in an equal pay claim was ‘income’ for the purposes of Jobseekers Allowance and Housing Benefit. Accordingly, the settlement had to be taken into account when calculating the amount of benefits that should have been paid.
13 October 2011
Court of Appeal (Civil Division)
Thomas LJ; Hallett LJ; Elias LJ
On appeal from:
Kingston upon Hull City Council v DLM [2010] UKUT 234 (AAC) and Secretary of State for Work and Pensions v JP [2010] UKUT 90 (AAC)
(1) In conjoined appeals, the appellants appealed against decisions that had held that payments made to them as part of settlements in equal pay claims should be treated as income when determining the level of benefits they should have received. Ms Minter (M) had been employed by Kingston Upon Hull City Council and received housing benefit; Ms Potter (P) had applied for jobseeker’s allowance. Both M & P had settled equal pay claims. The issue was whether these settlements amounted to income for the purposes of retrospective calculations of benefits.

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