Author Archive for Kit Molloy

Crumbs of comfort for those ‘too poor to go bankrupt’

By Kit Molloy on 08/01/2012. 1 Comment

Secretary of State for Work and Pensions v Payne & Cooper (test case) [2011] UKSC 60

This is a decision of the Supreme Court. It considers the issue of whether deductions in respect of Social Fund Loan repayments and overpaid benefits can continue to be made after the making of a DRO during the moratorium period of 1 year after which time the debt will be written off. It also tidies up the existing law and introduces coherence which both parties sought.

Mrs. Payne had received a Social Fund loan of £843 in September 2007. In August 2009 she obtained a DRO listing the SF loan as a qualifying loan. … Read the full post

Posted in Benefits, FLW case note and Housing law - All.

Taken out does not mean taken over

By Kit Molloy on 08/12/2011. 0 Comments

Secretary of State for Work and Pension v Neera Mohammad [2011] EWCA Civ 1358 [not available on Bailii yet]

This is a case which turns very much on its facts and as far as the Income Support claimant is concerned, turned out badly.

Mrs. M. was the divorced wife left in occupation of the matrimonial home. Her husband had first acquired the home without a mortgage for the sum of £69,950 in 1987. 15 years later he took out a borrowing charged on the property in the sum of £114,000. In the ancillary relief proceedings in 2007, Mrs M agreed to indemnify her husband against this borrowing for the transfer … Read the full post

Posted in Benefits, FLW case note and Housing law - All.