Reported Upper Tribunal decision on beneficial interest and cultural issues when establishing credibility of claimants

A new reported decision of the Upper Tribunal (Administrative Appeals Chamber) has been published. The decision addresses the treatment of capital for means tested benefits and in particular establishing whether a ‘Quistclose’ Trust exists. It also offers guidance on taking account of the cultural context of claimants when a tribunal makes decisions on issues of credibility.

In the reported decision the Upper Tribunal Judge recognises the quality of the submissions made by FRU assistant legal officer Josh Yetman, describing them as ‘well-crafted’. The decision goes on to state that ‘Given the undoubted legal and evidential complexities of this case, I hope that the Free Representation Unit will be able to continue to provide its invaluable help to the Appellant, both by way of preparation for, and representation at, the First-tier Tribunal rehearing.’

https://assets.publishing.service.gov.uk/media/5aa6311040f0b66b5fb4b348/CIS_0798_2017-00.pdf