Tue 11-Dec-07 09:41 AM by Gareth Morgan
My all time favourite description of government benefits logic came from Commissioner Howell in CIS 7097/1995
I always use it to demonstrate searching our CD-Rom of Social Security Law as it's, unsurprisingly, the only occurrence of 'Draco'.
"9. The principle as thus understood has been described as extraordinary, and draconian: (see Mesher, Income Related Benefits, 1996 Edn. 191, and the Commissioners' decisions in cases CIS/408/1990 para 5, CIS/807/1991 para 6; though the second epithet may be thought a little unfair to Draco, whose harsh code of 621 BC was at least coherent). It is said to be for administrative convenience, to save the authorities the trouble of inquiring into the actual beneficial interests in jointly held or pooled assets, which may be difficult to discern. Reliance is placed on the very wide empowering legislation, which does indeed allow regulations to prescribe that for the purposes of assessing income or capital resources black must be treated as white and vice versa, and people as possessing what they do not, or not possessing what they do.
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