Charities - Outright Gifts to Non-charitable Unincorporated Associations - The benefit aspect

4 important questions on Charities - Outright Gifts to Non-charitable Unincorporated Associations - The benefit aspect

Is it essential for the charitable purpose(s) to be beneficial?

The purpose(s) must be beneficial.

Does it matter if any detriment or harm outweigh the benefit? (National Anti-Vivisection Society v IRC (1948).

Any detriment or harm must NOT outweigh the benefit. In (National Anti-Vivisection Society v IRC (1948) the House of Lords had to deal with an equally controversial purpose of abolishing experiments on animals. It was held that abolishing vivisection would not benefit the public because of the detriment to medical science.

What will the Charity Commission require if the benefit is not obvious?

Evidence.
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Is there an automatic presumption of a benefit? What section of the Charities Act 2011 applies?

S. 4(2) CA provides that there is no presumption of benefit and it must be proved.

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