https://padlet.com/awantikajm/gikxtcui3ljkl6nk en-us 2022-02-15 07:26:57 UTC 2022-02-15 08:18:23 UTC hello@padlet.com awantikajm https://padlet.com/awantikajm/gikxtcui3ljkl6nk/wish/2048025999 S.4(1) TA 1968 provides: 'Property includes money and all other
property, real or personal, including things in action and other
intangible property.
Under S.4(1) which defines property - the money from benefit payment would fall under the definition.]]> 2022-02-15 08:00:29 UTC https://padlet.com/awantikajm/gikxtcui3ljkl6nk/wish/2048025999 awantikajm https://padlet.com/awantikajm/gikxtcui3ljkl6nk/wish/2048027033 s.3(1) - Appropriation
'Any assumption of the rights of an owner amounts to an
appropriation, and this includes, where he has come by the
property (innocently or not) without stealing it, any later
assumption of a right to it by keeping or dealing with it as owner' - She is dealing with the benefit payment as an owner as she is using it to pay her rent which is not the purpose of the money]]> 2022-02-15 08:00:52 UTC https://padlet.com/awantikajm/gikxtcui3ljkl6nk/wish/2048027033 awantikajm https://padlet.com/awantikajm/gikxtcui3ljkl6nk/wish/2048057267  S.5(1) TA 1968 - 'Property shall be regarded as belonging to another person having possession or control of it, or having it in any proprietary right or interest. Under S.5(1), the Housing benefit would be in control of the payment benefits. 
HUSKINSON (1988): Money received in Housing Benefit and misapplied belonged to D.]]> 2022-02-15 08:13:49 UTC https://padlet.com/awantikajm/gikxtcui3ljkl6nk/wish/2048057267 awantikajm https://padlet.com/awantikajm/gikxtcui3ljkl6nk/wish/2048059790 She does not intend to return the money back]]> 2022-02-15 08:14:44 UTC https://padlet.com/awantikajm/gikxtcui3ljkl6nk/wish/2048059790 awantikajm https://padlet.com/awantikajm/gikxtcui3ljkl6nk/wish/2048065661 She does not fall under nay of the exceptions of s.2. 
Under the Ivey test 
Ivey (2017) test of dishonesty: 1) a jury must decide what D's subjective mental state and belief as to their knowledge of their facts are (subjective test) 2) the jury must then apply an objective test to D's state of mind - deciding whether by the 'standard of ordinary, decent people', his intent was dishonest ]]> 2022-02-15 08:18:09 UTC https://padlet.com/awantikajm/gikxtcui3ljkl6nk/wish/2048065661