A 75-YEAR-OLD Morecambe widow has helped changed the law the land to ensure people on benefits get a fair deal. Barbara Tucker had her Income Support substantially reduced because she co-owned a house with her daughter and son-in-law, which was classed as a 'cash asset.' But Barbara argued that, because her daughter had no intention of moving, the actual value was nothing - so she should qualify for the full benefit and now the law has been changed to make sure benefits are always calculated on the real worth of people's assets instead of an artificial valuation.
Barbara was jubilant after the verdict. She said: "I am delighted with the decision, not just for myself but for all the other people in my position too. It has been a long, hard struggle.
"It always seemed wrong to me that the Government should pretend I had capital which I did not have. How can you sell a third of a house?"
Barbara's daughter, Judith Grundy, added: "The only people to get it to this level were backed by solicitors or welfare rights. What about the ordinary man in the streets? We've stuck with it for so long as a matter of principle."
The case was backed up by Lancashire County Council and the Child Poverty Action Group (CPAG) who paid for the action. Now the campaigners are bracing themselves for the Government to take the case to the Court of Appeal to have the decision reversed.
David Thomas, CPAG's legal officer said: "It is very unusual for a social security commissioner to declare a rule made by the Secretary of State to be invalid.
"The decision has wide-ranging implications, particularly for people who have to leave their home to go into residential care. Their share should now be given its actual market value, not a wholly artificial value simply for the convenience of the Benefits Agency."
Deputy Leader of Lancashire County Council, Frank McKenna was also delighted at the result.
"I am delighted that we have been successful in this major victory which will have far reaching effects not just in Lancashire, but across the country."
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