Facts: the local authority paid Mr Casewell’s wife £73.50 to purchase home care which, with the local authority’s agreement, she purchased from her husband, Mr Casewell. However, the Social Security Commissioner held that, subject to a disregard of £20.00, this money was ‘earnings’ for the purposes of the social security legislation and caused his Income Support to be reduced £ for £. Mr Casewell appealed.

Judgment: the Court of Appeal (Tuckey and Rix LJJ, Sir Robin Auld) dismissed the appeal, holding that the sums concerned did not fall within the statutory definition of ‘community care payments’ but did fall within the definition of ‘earnings’.