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R (ZYN) v Walsall MBC
[2014] EWHC 1928 (Admin), (2015) 18 CCLR 579
 
13.18R (ZYN) v Walsall MBC [2014] EWHC 1928 (Admin), (2015) 18 CCLR 579
Funds administered by a deputy had to be disregarded in the same way as funds administered by the Court of Protection itself
Facts: ZYN had received £550,000.00 in settlement of a personal injury claim, settled on the basis that she would not be required to contribute to the cost of her future care. Her receiver, then her deputy, was entitled to withdraw up to £50,000.00 per annum from ZYN’s funds, without court approval. The local authority decided that it was entitled to take such sums into account for means-testing purposes on the basis that they were not administered by a court, for the purposes of paragraph 44 of Schedule 10 to the Income Support (General) Regulations 1987, in that the deputy administered funds on behalf of Z, not any court, and was entitled to dispose of £50,000.00 per annum without court sanction.
Judgment: Leggatt J held that the deputy was exercising powers delegated by the court, so that the disregard did apply.
R (ZYN) v Walsall MBC
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