The social welfare legislation on the assessment of means for unemployment assistance provides that all income which an applicant or his/her spouse may reasonably expect to receive during the succeeding year be assessed, apart from certain specified exclusions. Among the exclusions are short term benefit or assistance payments under the Social Welfare Acts to a claimant's spouse. Long-term assistance or benefit payments such as a pension would be assessed. As all foreign welfare payments, whether they be long term or short term, received by spouses of applicants are not excluded, the British retirement pension received by the wife of the person concerned has to be assessed as means.
His claim was reviewed in March 1990 and his means were assessed by a deciding officer at £71.90 per week with effect from 11 April 1990. He appealed the decision and the appeals officer reduced the assessment to £68.10 per week from 11 April 1990. Following this, he was paid at the weekly rate of £7.90 from 11 April 1990 increased to £14.90 in July. He continued to be paid on this basis up to 4 December 1990 when he commenced work on a social employment scheme.