The appellant applied for social assistance but failed to disclose trust funds held for her minor sons.
The local social services department cancelled her benefits and demanded repayment, finding the funds were accessible assets.
The Social Benefits Tribunal upheld this decision.
On appeal, the Divisional Court found that because the trust was discretionary and the co-trustee refused to release the funds, the funds were not accessible to the beneficiaries.
The appeal was allowed, and the trust funds were excluded as assets for determining eligibility.
