

Links: Home \| swarblaw - law discussions		swarb.co.uk - law index These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases. Â
		Benefits - From: 2002 To: 2002 This page lists 373 cases, and was prepared on 03 April 2018. Â Regina (on the application of Ouji) v Secretary of State for the Home Department [2002] EWHC 1839 (Admin 2002 Collins J Benefits, Housing, Immigration The court was concerned to interpret s122(4) of the 1999 Act relating to "essential living needs". Basic support and basic essential needs by reference to non-disabled asylum seekers would be provided by the Secretary of State under the 1999 Act, but that any additional support needed as a result of disabilities would be provided by local authorities under s21 of the 1948 Act. National Assistance Act 1948 - Immigration and Asylum Act 1999 1 Citers Â Regina (on the application of Waite) v Hammersmith and Fulham London Borough Council [2002] EWCA Civ 482 2002 CA Laws LJ Benefits As to the distribution of benefits, "… the distribution of State benefit lies peculiarly within the constitutional responsibility of elected Government". 1 Citers Â (Un-named) [2002] UKSSCSC CDLA_944_2001 2 Jan 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIB_2061_2001 2 Jan 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_3224_2001 8 Jan 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_3224_2001 8 Jan 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_5165_1998 8 Jan 2002 SSCS Benefits [ Bailii ] Â Wright-Turner v Department for Social Development [2002] NICA 2 11 Jan 2002 CANI Northern Ireland, Benefits 1 Citers [ Bailii ] Â (Un-named) [2002] NISSCSC C17/01-02(DLA) 15 Jan 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CSDLA_552_2001 15 Jan 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2001] NISSCSC C17/01-02(DLA) 15 Jan 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CCS_761_2001 15 Jan 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CCS_4242_2002 17 Jan 2002 SSCS Benefits [ Bailii ] Â Mullen v Refusal of Leave To Appeal By Social Security Commissioner [2002] ScotCS 15 17 Jan 2002 SCS Scotland, Benefits [ Bailii ] Â Mullen v Refusal of Leave To Appeal By Social Security Commissioner 17 Jan 2002 SCS Lord Bonomy and Lord Eassie and Lord Justice Clerk Scotland, Benefits [ ScotC ] Â (Un-named) [2002] UKSSCSC CIS__914_1997 17 Jan 2002 SSCS Benefits [ Bailii ] Â Â (Un-named) CJSA/2759/1998; SSCS 18-Jan-2002 - [2002] UKSSCSC CJSA_2759_1998 Â (Un-named) [2002] UKSSCSC CIB_3985_2001 22 Jan 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CSDLA_686_2002 22 Jan 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_2960_2001 23 Jan 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CP_1711_2001 23 Jan 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CCS_2910_2001 24 Jan 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_381_2001 24 Jan 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CJSA_69_2001 25 Jan 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2001] NISSCSC A2/01-02(ICA) 28 Jan 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [2002] NISSCSC A2/01-02(ICA) 28 Jan 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CI_2553_2001 28 Jan 2002 SSCS Benefits [ Bailii ] Â Fielding v The United Kingdom 36940/97; Times, 25 February 2002; [2002] ECHR 10 29 Jan 2002 ECHR Human Rights, Discrimination, Benefits, Income Tax Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) The claimant's wife had died. He sought the benefits, including tax allowances, which would have been paid to him had he been a woman. Before the hearing, a friendly settlement was reached under which the UK government agreed to pay the claim. The 1999 Act already made bereavement benefits available to both men and women. Social Security and Benefits Act 1992 - Welfare Reform and Pensions Act 1999 1 Citers [ Bailii ] - [ Bailii ] Â (Un-named) [2002] UKSSCSC CH_2321_2002 30 Jan 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_2050_2002 31 Jan 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2001] NISSCSC A1/01-02(IS) 1 Feb 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_1850_2001 1 Feb 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] NISSCSC A1/01-02(IS) 1 Feb 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â Anna Humer C-255/99; [2002] EUECJ C-255/99 5 Feb 2002 ECJ European, Benefits Europa Definition of 'family benefits - Payment of advances on maintenance payments - Condition that the minor child must be resident within the national territory - Entitlement to benefits abroad. Regulation (EEC) No 1408/71 [ Bailii ] Â (Un-named) IIDB [2002] UKSSCSC CI_3157_2001 6 Feb 2002 SSCS Benefits Industrial injuries disablement benefit [ Bailii ] Â (Un-named) [2002] UKSSCSC CCR_3558_2000 12 Feb 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_2291_2001 12 Feb 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CJSA_3790_2001 13 Feb 2002 SSCS Benefits [ Bailii ] Â Hooper and others v Secretary of State for Work and Pensions [2002] EWHC 191 (Admin) 14 Feb 2002 Admn Moses J Discrimination, Benefits, Human Rights The claimants alleged that the way they were treated as widowers under the benefits subjected them to discrimination. Held: The continued payment of widow's pension was objectively justified. 1 Citers [ Bailii ] Â (Un-named) [2002] NISSCSC C3/01-02(CRS) 18 Feb 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CJSA_2838_2001 18 Feb 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2001] NISSCSC C3/01-02(CRS) 18 Feb 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIB_3868_2001 18 Feb 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CJSA_2327_2001 19 Feb 2002 SSCS Benefits [ Bailii ] Â Shah v Secretary of State for Social Security [2002] UKSSCSC CIS_6608_1999 20 Feb 2002 SSCS Benefits [ Bailii ] Â Shah v Secretary of State for Social Security [2002] EWCA Civ 285 20 Feb 2002 CA Benefits [ Bailii ] Â (Un-named) [2002] NISSCSC C12/01-02(DLA) 20 Feb 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [2001] NISSCSC C12/01-02(DLA) 20 Feb 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIB_3764_2001 21 Feb 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CF_3565_2001 21 Feb 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIB_4331_2001 21 Feb 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_1378_2001 21 Feb 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CI_1052_2001 22 Feb 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CI_1547_2001 22 Feb 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_2127_2000 25 Feb 2002 SSCS Benefits [ Bailii ] Â Lowe v Guise Times, 25 March 2002; Gazette, 11 April 2002; [2002] EWCA Civ 197 26 Feb 2002 CA Lord Justice Potter, Lord Justice Rix and Mr Justice Morland Damages, Benefits, Personal Injury The claimant had care of his severely disabled brother. Following the accident he was unable to give the same level of care, though he continued to receive the care allowance. Held: An injured claimant who worked, albeit gratuitously, for his family suffered the loss of being able to contribute the value of his service to the needs of his family. That loss was genuine and sounded in damages. To allow otherwise would be to make the loss of an ability to garden measurable in damages but not the ability to care for a family member. [ Bailii ] Â Michelle Alabaster v Woolwich Plc, Secretary of State for Social Security [2002] EWCA Civ 21 26 Feb 2002 CA Lord Justice Brooke, Lord Justice Mummery, And, Lord Justice Kay Employment, Benefits, Discrimination, European The applicant had left on maternity leave. Before leaving, her salary had been increased, but the increase was not back-dated to any part of the period over which the regulations required her average earnings to be calculated for statutory maternity pay. She asserted discrimination, and unlawful deductions from her wages. Should her case be referred to the European Court? The regulations had sought to incorporate the effect of the Gillespie case into UK law. Held: The effect of the regulations was unclear, and the question was to be referred to the European Court. Social Security Contributions and Benefits Act 1992 - Statutory Maternity Pay (General) Regulations 1986 (SI No. 1960) - Equal Pay Act 1970 - Employment Rights Act 1996 13 - EU Treaty Art 141 - Equal Treatment Directive 75/117/EEC 1 Cites 1 Citers [ Bailii ] Â (Un-named) [2002] UKSSCSC CIB_4546_2001 27 Feb 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CH_4992_2002 27 Feb 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CCS_2128_2001 27 Feb 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CS_3294_2001 28 Feb 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CFC_2963_2001 4 Mar 2002 SSCS Benefits [ Bailii ] Â Â Pridding v Secretary of State for Work and Pensions; CA 4-Mar-2002 - Times, 03 April 2002; Gazette, 11 April 2002; [2002] EWCA Civ 306 Â Regina (on the Application of J) v London Borough of Enfield and Another Times, 18 April 2002; [2002] EWHC 432 (Admin); [2002] 5 CCLR 434; [2002] 2 FLR 1 4 Mar 2002 Admn Justice Elias Housing, Local Government, Children, Benefits, Human Rights The mother and child were destitute, and sought to oblige the local authority to provide accommodation and support. Held: The duty to a child under the section could not be extended to include a duty to accommodate and support the child and his or her mother. Section 2 of the 2000 Act might be of assistance, being drafted in broad terms to provide new powers for local authorities, including the power to assist in these circumstances. A local authority had power under the 2000 Act to provide an immigrant from Ghana whose status had not yet been determined with financial assistance for acquiring accommodation if this was the only way to avoid a breach of the applicant's Article 8 rights. The facts of that case were that, if the immigrant was not assisted to acquire accommodation, it would be necessary to take her child into care. It was common ground that this would violate her Article 8(1) rights. Where a Convention right would be infringed if a local authority concluded that it was not open to it to exercise a particular power which it had, but that the infringement could be avoided by exercising some other power which it had, the power to exercise that other power becomes a duty to exercise it. Children Act 1989 17 - Local Government Act 2000 2 - European Convention on Human Rights A8 1 Cites 1 Citers [ Bailii ] Â Secretary of State for Work and Pensions v Pridding [2002] UKSSCSC CG_1358_1998 4 Mar 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_3908_2001 4 Mar 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_3967_2002 5 Mar 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_3607_2001 5 Mar 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CH_5302_2002 6 Mar 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CJSA_1542_2000 6 Mar 2002 SSCS Benefits [ Bailii ] Â Insalaca C-107/00; [2002] EUECJ C-107/00 7 Mar 2002 ECJ European, Benefits ECJ Social security - Articles 46 to 46c of Regulation (EEC) No 1408/71 - National rules against overlapping - Benefits of the same kind. [ Bailii ] Â (Un-named) (DLA) [2002] UKSSCSC CDLA_5214_2001 7 Mar 2002 SSCS Benefits Disability Living Allowance [ Bailii ] Â (Un-named) [2002] UKSSCSC CSJSA_1248_2001 7 Mar 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CSJSA_1247_2001 7 Mar 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_2765_2001 8 Mar 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] NISSCSC C19/01-02(IB) 14 Mar 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [2001] NISSCSC C19/01-02(IB) 14 Mar 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CJSA_2342_2001 14 Mar 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIB_4791_2001 14 Mar 2002 SSCS Benefits [ Bailii ] Â Bono, Regina (on the Application of) v Harlow District Council Times, 23 April 2002; [2002] EWHC 423 (Admin); [2002] EWHC 423 (Admin) 15 Mar 2002 Admn Mr Justice Richards Housing, Human Rights, Benefits The applicants were self-employed market traders. Their income was low, but they were unable to produce accounts by way of proof. The local authority declined their application for housing benefit in the absence of such proof. They complained that presence of local councillors on the committee which made the decision, made that not an independent body, and that since the issue was one of primary fact, judicial review would not be available. The authority argued that since they were following a statutory duty, their own acts fell within the defence under 6(2)(b). Held: The duty under the 1998 Act was to read statutes, where possible, in such a way as to make that provision compliant. Section 6(2)(b) only provided protection where such interpretation was not available to them. Human Rights Act 19986(2)(b) 8 - Housing Benefit (General) Regulations 1971 (1971 No 1987) [ Bailii ] Â (Un-named) [2002] UKSSCSC CTC_2979_2001 18 Mar 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_141_2001 19 Mar 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CSIB_1266_2000 21 Mar 2002 SSCS Benefits [ Bailii ] Â Anufrijeva v Secretary of State for the Home Department [2002] EWCA Civ 399; [2004] QB 1124 22 Mar 2002 CA Lord Woolf CJ, Lord Phillips of Worth Matravers MR and Auld LJ Immigration, Benefits, Human Rights Three asylum-seekers brought claims of breach of their Article 8 rights. One complained of a local authority's failure to provide accommodation to meet special needs, the other two of maladministration and delay in the handling of their asylum applications. Held: All three claims failed. The essential object of article 8 is to protect individuals against arbitrary interference by public authorities, but it may also give rise to positive obligations. Lord Woolf CJ said: "The remedy of damages generally plays a less prominent role in actions based on breaches of the articles of the Convention, than in actions based on breaches of private law obligations where, more often than not, the only remedy claimed is damages. Where an infringement of an individual's human rights has occurred, the concern will usually be to bring the infringement to an end and any question of compensation will be of secondary, if any, importance." and "We find it hard to conceive . . of a situation in which the predicament of an individual will be such that article 8 requires him to be provided with welfare support, where his predicament is not sufficiently severe to engage article 3. Article 8 may more readily be engaged where a family unit is involved. Where the welfare of children is at stake, article 8 may require the provision of welfare support in a manner which enables family life to continue." European Convention on Human Rights 8 1 Cites 1 Citers [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_2292_2000 22 Mar 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_0155_2001 25 Mar 2002 SSCS Benefits [ Bailii ] Â Secretary of State for Work and Pensions v Brocking [2002] EWCA Civ 493 25 Mar 2002 CA Buxton LJ Benefits Incapacity Benefit - application for leave to appeal [ Bailii ] Â (Un-named) [2002] UKSSCSC CH_5221_2001 26 Mar 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CA_1856_2002 27 Mar 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CCS_4378_2001 27 Mar 2002 SSCS Benefits [ Bailii ] Â Moyna v The Secretary of State for Social Security [2002] EWCA Civ 408 27 Mar 2002 CA Dame Elizabeth Butler-Sloss P, Potter and Kay LJJ Benefits The claimant a former civil servant had retired due to ill health, and appealed refusal of disability living allowance. The court did not accept that one could have facts on which different tribunals could properly reach different conclusions about whether the "cooking test" had been satisfied. The test was intended to be "straightforward" and produce the same answer on the same facts. The provision of a cooked main meal was something required "not on an occasional basis but on a regular basis if someone is to enjoy a reasonable quality of life". If the inability to cook was on "no more than occasional days", the test would not be satisfied. But if there was a "clear pattern" of a person not being able to provide for himself, it would. 1 Cites 1 Citers [ Bailii ] Â (Un-named) [2002] UKSSCSC CSIB_877_2001 2 Apr 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CG_4024_2001 3 Apr 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_3875_2001 5 Apr 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CCR_4030_2000 8 Apr 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CCS_1911_2001 8 Apr 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CCR_3806_2000 9 Apr 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_3215_2001 9 Apr 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CCR_3482_2000 10 Apr 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CCR_4117_2000 11 Apr 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CJSA_4665_2001 12 Apr 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CCR_2320_2000 12 Apr 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_3338_2001 15 Apr 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIB_2864_2001 16 Apr 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIB_2859_2001 16 Apr 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIB_2858_2001 16 Apr 2002 SSCS Benefits [ Bailii ] Â Duchon v Pensionsversicherungsanstalt der Angestellten C-290/00; [2002] EUECJ C-290/00 18 Apr 2002 ECJ P. Jann, President of the Chamber, S. von Bahr, and M. Wathelet (Rapporteur), Judges, Advocate General: F.G. Jacobs, Registrar: R. Grass European, Benefits Europa Social security for migrant workers - Article 48 and Article 51 of the EC Treaty (now, after amendment, Article 39 and Article 42 EC) - Article 9a and 94 of Regulation (EEC) No 1408/71 - Accident at work occurring in another Member State before the entry into force of the regulation in the worker's home State - Incapacity for work [ Bailii ] Â Regina (Mani) v Lambeth London Borough Council, Regina (Tasci) v Enfield London Borough Council, Regina (J) -v Same Times, 08 May 2002; Gazette, 23 May 2002; [2002] EWHC 735 (Admin); (2002) 5 CCLR 486; [2002] ACD 78 18 Apr 2002 QBD Mr Justice Wilson Housing, Benefits, Immigration The applicants were asylum seekers, but also had disabilities, and sought housing assistance from the local authorities. The authorities replied that they had no duty to provide housing because of the Immigration Act. Held: The 1948 Act provided care where no other was available. The need for rehousing here arose in part from the applicant's disabilities, and that was enough. The duty was not displaced because the need arose in large part from simple destitution for which the state provided other resources. Assistance in this context included the provision of housing, and in making the assessment the authority had under the 2000 regulations to ignore the other support given to asylum seekers. National Assistance Act 1948 21 - Immigration and Asylum Act 1999 115 - Asylum Support Regulations 2000 (SI 2000 No 704) 6(3) 23(1) 23(3) 1 Cites 1 Citers [ Bailii ] Â (Un-named) [2002] UKSSCSC CSDLA_946_2001 18 Apr 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CCS_1229_2000 18 Apr 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIB_2354_2001 18 Apr 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_3759_2001 18 Apr 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CJSA_4143_2001 19 Apr 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2001] NISSCSC A8/01-02(DLA) 23 Apr 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [2001] NISSCSC C21/01-02(DLA) 23 Apr 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [2002] NISSCSC A8/01-02(DLA) 23 Apr 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [2002] NISSCSC C21/01-02(DLA) 23 Apr 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CI_3596_2001 24 Apr 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CCS_509_2002 24 Apr 2002 SSCS Benefits [ Bailii ] Â (Un-named) (Housing Benefit) [2002] UKSSCSC CH_396_2002 25 Apr 2002 SSCS Benefits Housing Benefit (General) Regulations 1987 [ Bailii ] Â Charles Fairbank v Lambeth Magistrates' Court [2002] EWHC 785 (Admin); [2002] EWHC 772 (QB) 25 Apr 2002 Admn Lord Justice Kennedy & Mr Justice Leveson Benefits The appellant applied for housing benefit. He completed a form which asked if he owned other properties. He had been prosecuted for failing to disclose ownership of a property. He requested the court to consider whether he had a duty to disclose property which he held as bare trustee. Held: The regulations defined as the owner a person who 'is for the time being entitled to dispose of the fee simple, whether or not with the consent of other joint owners'. A conviction required the prosecution to demonstrate that he did not know of the need to declare the ownership. In this case the ownership did require declaration. Whether he knew it to be false was a question of fact and the first instance court having heard the evidence, its judgement should not be interfered with. The court was not concerned with the proceeds of sale, only with current entitlement to sell. Social Security Act 1992 112 - Housing Benefits (General) Regulations 1987 2 1 Cites [ Bailii ] - [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_1544_2001 26 Apr 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_348_2002 29 Apr 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIB_21_2002 29 Apr 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] NISSCSC C19/01-02(DLA) 30 Apr 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [2001] NISSCSC C19/01-02(DLA) 30 Apr 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â Crossley v Social Security Commissioner [2002] EWCA Civ 630 1 May 2002 CA Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_3994_2001 1 May 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_3244_2001 2 May 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_4134_2001 2 May 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_4322_2001 3 May 2002 SSCS Benefits [ Bailii ] Â Tula Miah v The Secretary of State for Social Security [2002] EWCA Civ 592 3 May 2002 CA Lord Justice Sedley Benefits The claimant appealed a discontinuance of his Disability Living Allowance. He had been re-assessed after a request for a review of his allowance on being diagnosed as a diabetic. On re-assessment, the doctor used assessment standards based upon diabetics with visual impairment, but the original allowance had been for his lack of mobility. Having failed the visual impairment test, his Allowance was stopped. Held: The request for a review did trigger the risk of a full re-assessment. However the form had not been completed with his mobility in mind. It was not possible for the tribunal properly to make assumptions about the claimant's condition. There was no evidence to say that he did not need the help he had always needed. The Commissioner had assumed he could answer a question which the doctor was not asked. Appeal allowed. Social Security Contributions & Benefits Act 1992 73(1) - Social Security Administration Act 1992 30(2) [ Bailii ] Â Godwin v Rossendale Borough Council Times, 24 May 2002; Gazette, 13 June 2002 3 May 2002 CA Lord Justice Peter Gibson, Lord Justice Chadwick and Lord Justice Clarke Local Government, Housing, Benefits The appellant was a landlord. His tenant was entitled to housing benefit, which was paid direct to the landlord. The authority decided that the benefit was no longer payable, and sought eventually to recover overpayments from the landlord by making deductions from other amounts due to him for tenants in the same building. Held: The sums were repayable. The council should have given him notice of the intention to stop the benefit, but that fault was cured by his having a right of appeal later. It would make sense to hear both appeals together. Â (Un-named) [2002] UKSSCSC CCS_1664_2001 3 May 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CH_3776_2001 5 May 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_4400_2001 8 May 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_4351_2001 8 May 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIB_5011_2001 8 May 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_621_2002 8 May 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CCR_3645_2000 8 May 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CJSA_2162_2001 10 May 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CG_5519_1999 10 May 2002 SSCS Benefits [ Bailii ] Â Tina Yasmin Flemming v The Secretary of State for Work and Pensions [2002] EWCA Civ 641; [2002] 1 WLR 2322 10 May 2002 CA Lord Justice Chadwick, Pill LJ, Longmore LJ Benefits, Education Social Security Contributions and Benefits Act 1992 70(3) - Social Security (Invalid Care Allowance) Regulations 1976 5 1 Citers [ Bailii ] Â (Un-named) [2002] UKSSCSC CG_173_2002 10 May 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CI_2107_2001 13 May 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CI_2540_2001 13 May 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_3364_2001 13 May 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_4961_2001 13 May 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CTC_4880_2001 14 May 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_4329_2001 16 May 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_984_2002 16 May 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CJSA_3659_2001 16 May 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIB_4471_2000 16 May 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIB_1956_2001 20 May 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_925_2002 20 May 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CI_1_2002 21 May 2002 SSCS Benefits [ Bailii ] Â Downie v The United Kingdom 40161/98; [2002] ECHR 450; [2002] ECHR 454 21 May 2002 ECHR Human Rights, Benefits Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) The applicant complained that British Social Security legislation discriminated against him on grounds of sex, in breach of Article 14 of the Convention taken in conjunction with both Article 8 of the Convention and Article 1 of Protocol No. 1. The applicant's wife had died, leaving him with young children. Had he been a widow, he could have claimed several benefits, including Widow's Payment and Widowed Mother's Allowance, which were not means tested and Widows' Benefit. The government reached a friendly settlement paying him damages and costs European Convention on Human Rights [ Bailii ] - [ Bailii ] Â (Un-named) [2002] UKSSCSC CCS_2230_2001 21 May 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CSDLA_894_2001 21 May 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_362_2002 22 May 2002 SSCS Benefits [ Bailii ] Â Regina (Annette Carson) v Secretary of State for Work and Pensions Times, 24 May 2002; Gazette, 27 June 2002; [2002] EWHC 978 (Admin); [2002] 3 All ER 994 22 May 2002 Admn Mr Justice Stanley Burnton Human Rights, Benefits The claimant received a UK state pension. She lived in South Africa, and challenged the exclusion of foreign resident pensioners from the annual uprating of pension benefits. She asserted that the state pension, or its uprating, were pecuniary rights, and were therefore possessions within the Convention. Held: It was difficult to distinguish the appellant's case from the position in Corner, which had already been rejected in the European Court of Human Rights. The decision to exclude such pensioners from the increase in benefits was a political decision, being an allocation of resources affecting foreign relations. It was not a judicial decision. As to what constituted discrimination: "[I]s the basis for the treatment of the complainant as against the chosen comparators based on any ground such as sex, race, colour, language ….. or other status within the meaning of Art. 14?" European Convention on Human Rights 14 First Protocol Art 1 1 Cites 1 Citers [ Bailii ] Â (Un-named) [2002] UKSSCSC CJSA_1244_2001 22 May 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_577_2002 22 May 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] NISSCSC C5/01-02(IS) 24 May 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [2001] NISSCSC C5/01-02(IS) 24 May 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) (IB) [2002] UKSSCSC CIB_583_2001 27 May 2002 SSCS Benefits incapacity benefit [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_5119_2001 28 May 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIB_215_2002 29 May 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CSDLA_1068_2001 30 May 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] NISSCSC C28/01-02(IB) 10 Jun 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [2001] NISSCSC C28/01-02(IB) 10 Jun 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CH_4065_2001 12 Jun 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] NISSCSC C1/01-02(AA) 13 Jun 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [2002] NISSCSC C1/01-02(II) 13 Jun 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [2001] NISSCSC C1/01-02(II) 13 Jun 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [2002] NISSCSC C6/02-03(DLA) 13 Jun 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [2001] NISSCSC C1/01-02(AA) 13 Jun 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CI_1199_2002 14 Jun 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CCR_3021_2002 14 Jun 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CJSA_2520_2002 17 Jun 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] NISSCSC C29/01-02(IB) 17 Jun 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [2001] NISSCSC C29/01-02(IB) 17 Jun 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CJSA_204_2002 18 Jun 2002 SSCS Benefits [ Bailii ] Â Secretary of State for Work and Pensions v Adams [2002] UKSSCSC CG_388_2002 18 Jun 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIB_1745_2002 19 Jun 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_4498_2001 19 Jun 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CSDLA_44_2002 21 Jun 2002 SSCS Benefits [ Bailii ] Â Logan-Salton v Social Security Commissioner [2002] EWCA Civ 929 21 Jun 2002 CA Benefits Application for extension of time to appeal against decision refusing mobility element of disability allowance. [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_4217_2001 21 Jun 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2001] NISSCSC C2/01-02(II) 24 Jun 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [2002] NISSCSC C2/01-02(II) 24 Jun 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â Rydqvist v Secretary of State for Work and Pensions Times, 08 July 2002; [2002] EWCA Civ 947; [2002] 1 WLR 3343; [2002] ICR 1383 24 Jun 2002 CA Lord Justice Peter Gibson, Lord Justice Chadwick and Mr Justice Nelson Benefits The applicant had applied to the tribunal with regard to his entitlement to job-seeker's allowance, but withdrew his application before the hearing. The tribunal had nevertheless heard the case and held against him. He appealed that finding. The appeal tribunal said it itself had no jurisdiction to hear the appeal. Held: There was no discretion to waive requirements which went as to jurisdiction rather than procedure. Once the appeal had been withdrawn, it could not be re-instated. Alternatives existed, but the request to waive a jurisdictional requirement could not succeed. Social Security (Adjudication) Regulations 1995 (SI 1995 No 1801) 6 1 Cites [ Bailii ] Â (Un-named) [2002] NISSCSC C4/02-03(DLA) 25 Jun 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CSG_1131_2001 26 Jun 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CG_1673_2002 27 Jun 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC R[IS]_203 28 Jun 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CG_3657_2001 28 Jun 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_1337_2001 28 Jun 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CCS_4144_2001 1 Jul 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CH_1229_2002 2 Jul 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIB_2620_2000 2 Jul 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CF_3662_1999(2) 2 Jul 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CJSA_5100_2001 4 Jul 2002 SSCS Benefits [ Bailii ] Â (Un-named) (JSA) [2002] UKSSCSC CJSA_3139_2001 5 Jul 2002 SSCS Benefits Jobseeker's Allowance Regulations 1996 [ Bailii ] Â (Un-named) (REA) [2002] UKSSCSC CI_4432_2001 5 Jul 2002 SSCS Benefits Reduced Earnings Allowance [ Bailii ] Â (Un-named) (Iincapacity benefit) [2002] UKSSCSC CIB_1664_2002 5 Jul 2002 SSCS Benefits Personal capability assessment - whether claimant who presses on seat of chair in order to get up rises " . . from sitting to standing without holding on to something." [ Bailii ] Â (Un-named) [2002] UKSSCSC CCS_901_2002 8 Jul 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_5167_2001 8 Jul 2002 SSCS Benefits [ Bailii ] Â (Un-named) (DLA) [2002] NISSCSC C2/02-03(DLA) 8 Jul 2002 NISSCS Benefits Entitlement to the care component or the mobility component of Disability Living Allowance [ Bailii ] Â (Un-named) [2002] UKSSCSC CIB_589_2002 9 Jul 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_781_2002 9 Jul 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_982_2002 9 Jul 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CSDLA_1282_2001 10 Jul 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CSIB_1521_2001 11 Jul 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CSDLA_2_2002 11 Jul 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CH_716_2002 11 Jul 2002 SSCS Benefits [ Bailii ] Â Linda Miller Against A Decision of the Social Security Commissioner 12 Jul 2002 IHCS Lord Coulsfield and Lord Drummond Young and Lord Osborne Scotland, Benefits [ ScotC ] Â (Un-named) [2002] UKSSCSC CH_627_2002 12 Jul 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_164_2002 12 Jul 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_376_2002 12 Jul 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_1501_2002 12 Jul 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CSB_4970_2001 16 Jul 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CJSA_1458_2002 17 Jul 2002 SSCS Benefits [ Bailii ] Â Regina (Barber) v Secretary of State for Work and Pensions [2002] 2 FLR 1181; Times, 29 August 2002; Gazette, 19 September 2002; [2002] EWHC 1915 (Admin) 17 Jul 2002 Admn Sir Richard Tucker Benefits, Human Rights The claimant challenged the refusal of the respondent, under authority of the regulations, to divide payment of child benefit between himself and his former partner. The child stayed with both parents. Other benefits flowed from the allocation of the benefit to one parent. He alleged that this was discriminatory under the Convention. Held: The challenge to the Regulations failed. The purpose of the Regulation was to ensure payment of the benefit to someone with care of the child. The regulation could not be construed so as to allow the benefit to be split. It was not discrimination, since the detriment, such as it was, was applied across the range of potential beneficiaries, and there was insufficient evidence for the court to consider a claim of indirect sex discrimination. Social Security (Claims and Payments) Regulations 1987 (SI 1987 No 1968) 34 - European Convention on Human Rights 8 14 - Social Security Contributions and Benefits Act 1992 144 1 Citers [ Bailii ] Â (Un-named) [2002] UKSSCSC CI_2730_2001 18 Jul 2002 SSCS Benefits [ Bailii ] Â Naghshbandi v Camden London Borough Council and Others Times, 06 August 2002; Gazette, 26 September 2002; [2002] EWCA Civ 1038 19 Jul 2002 CA Lord Justice Schiemann, Lord Justice Laws and Mr Justice Jackson Benefits A house was shared by five, one of whom was a student and therefore to be disregarded for Housing Benefit. Was the benefit for the others to be one fifth each, or one quarter? Held: The student's presence was to be disregarded. His presence was discounted and excluded from the calculation as if he were not liable to pay rent. The Housing benefit was to be calculated for each of the others at one fifth of the total, not one quarter. Housing Benefit (General) Regulations 1987 (SI 1987 No 1971) 48A - Social Security (Students Loans and Miscellaneous Amendments) Regulations 1990 (SI 1990 No 1549) [ Bailii ] Â (Un-named) [2002] NISSCSC C7/02-03(IB) 22 Jul 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_4977_2001 23 Jul 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CH_1171_2002 23 Jul 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIB_4051_2001 24 Jul 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_996_2002 24 Jul 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_1761_2002 24 Jul 2002 SSCS Benefits [ Bailii ] Â Robertson v Fife Council Times, 08 August 2002; [2002] UKHL 35; (2002) 68 BMLR 229; (2002) 5 CCL Rep 543; 2003 SCLR 39; 2002 SC (HL) 145; 2002 Hous LR 78; 2002 GWD 26-927; 2002 SLT 951 25 Jul 2002 HL Lord Slynn of Hadley, Lord Mackay of Clashfern, Lord Nicholls of Birkenhead, Lord Hope of Craighead and Lord Hobhouse of Woodborough Scotland, Benefits, Local Government, Health The local authority considered providing residential care to the applicant. She had given away her former home, and they sought to take into account notional capital attributed to her as if the house had not been given away. Having done so, it declined to assist. Held: The obligation to provide care was a separate duty and was not to be run together with the consequences of the assessment of financial resources when the authority considered whether to offer assistance. The direction in section 12(3A) of the 1968 Act to disregard capital below one level was not a direction to take into account capital above that level. This did not mean that the patient should not be charged for the care provided. The need assessment came first, and the costs implications was a separate and second matter. Social Work (Scotland) Act 1968 12 12(3A) 12A 13A 55 - Community Care (Residential Accommodation) Act 1998 - National Health Service and Community Care Act 1990 [ House of Lords ] - [ Bailii ] Â Â Regina v Manchester City Council, ex parte Stennett etc; HL 25-Jul-2002 - Times, 29 August 2002; Gazette, 17 October 2002; [2002] UKHL 34; [2002] BLGR 557; (2002) 5 CCL Rep 500; [2002] 4 All ER 124; [2002] 3 WLR 584; (2002) 68 BMLR 247; [2002] 2 AC 1127 Â (Un-named) [2002] UKSSCSC CH_1175_2002 26 Jul 2002 SSCS Benefits [ Bailii ] Â Regina (T and Another) v Secretary of State for Health and Another Times, 05 September 2002; Gazette, 10 October 2002 29 Jul 2002 QBD Sir Edwin Jowitt Immigration, Benefits The applicant sought financial support whilst her application for asylum was considered. She was HIV positive, and had a child to breastfeed. Without financial assistance she would have to breast feed causing a risk of transmitting HIV to her child. Held: The Secretary of State should have seen her circumstances as sufficiently exceptional to deserve reconsideration. The possible appalling consequences must justify considering why she should not breast feed. Immigration and Asylum Act 1999 96(2) Â (Un-named) [2002] NISSCSC C22/01-02(DLA) 31 Jul 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [2001] NISSCSC C22/01-02(DLA) 31 Jul 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_2236_2001 2 Aug 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CI_1625_2002 5 Aug 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CI_1605_2002 5 Aug 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CH_2349_2002 5 Aug 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CI_1800_2001 7 Aug 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CP_5084_2001 8 Aug 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIB_2154_2002 9 Aug 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CI_4874_2001 9 Aug 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_1115_2002 9 Aug 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_1854_2002 9 Aug 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CCS_4438_2001 12 Aug 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CI_126_2002 12 Aug 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_3508_2001 12 Aug 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_1196_2002 14 Aug 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CH_844_2002 15 Aug 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_3432_2001 19 Aug 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIB_1294_2002 19 Aug 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_5106_2001 20 Aug 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_1456_2002 20 Aug 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_747_2002 20 Aug 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CCS_2742_2001 3 Sep 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_1277_2002 3 Sep 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIB_1265_2002 4 Sep 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CH_2302_2002 5 Sep 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CH_1618_2002 5 Sep 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CCS_742_2002 9 Sep 2002 SSCS Benefits [ Bailii ] Â (Un-named) (WF TC) [2002] UKSSCSC CTC_1655_2001 9 Sep 2002 SSCS Benefits Working Families' Tax Credit - calculation of earnings - effect of recovery of previous overpayment of salary [ Bailii ] Â (Un-named) [2002] UKSSCSC CH_2554_2002 11 Sep 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CH_1076_2002 12 Sep 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CCS_718_2002 12 Sep 2002 SSCS Benefits [ Bailii ] Â MacMullen v Weymouth and Portland Borough Council [2002] EWCA Civ 1503 13 Sep 2002 CA Kay LJ Benefits Application for leave to appeal against refusal of judicial review. [ Bailii ] Â (Un-named) [2002] UKSSCSC CI_1763_2002 16 Sep 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_3688_2001 16 Sep 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CJSA_3152_2001 17 Sep 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CI_1756_2002 17 Sep 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CH_2201_2002 18 Sep 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_1330_2002 19 Sep 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CSDLA_264_2002 24 Sep 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_2698_2002 25 Sep 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CJSA_5732_1999 26 Sep 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CJSA_2079_1998 26 Sep 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_4769_2001 26 Sep 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_1334_2002 26 Sep 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_764_2002 26 Sep 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CJSA_1950_2001 30 Sep 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_2260_2002 2 Oct 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CP_2083_2001 2 Oct 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_2733_2002 2 Oct 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CSCS_8_2001 3 Oct 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CG_1195_2002 3 Oct 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CJSA_5101_2001 4 Oct 2002 SSCS Benefits [ Bailii ] Â (Un-named) (CIS) [2002] UKSSCSC CIS_4267_2001 7 Oct 2002 SSCS Benefits [ Bailii ] Â (Un-named) CDLA [2002] UKSSCSC CDLA_2852_2002 7 Oct 2002 SSCS Benefits [ Bailii ] Â Butterfield and others v Secretary of State for Defence [2002] EWHC 2247 (Admin) 8 Oct 2002 Admn Armed Forces, Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CTC_2844_2002 9 Oct 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_2748_2002 10 Oct 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CCS_2901_2001 10 Oct 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_2091_2001 10 Oct 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_43_2000 10 Oct 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_2702_2000 10 Oct 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] NISSCSC C9/02-03(DLA) 11 Oct 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_47_2002 11 Oct 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_4727_2001 11 Oct 2002 SSCS Benefits [ Bailii ] Â (Un-named) [1992] NISSCSC C9/02-03(DLA) 11 Oct 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â La Rocca, Regina (on the Application of) v Social Security Commissioner and Another [2002] EWHC 2021 (Admin) 11 Oct 2002 Admn Personal Injury, Damages, Benefits Recovery of benefits paid from damages award. [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_1997_2002 14 Oct 2002 SSCS J M Henty Comm Benefits The decision of the appeal tribunal was erroneous in point of law [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_1338_2001 16 Oct 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CJSA_3027_2002 17 Oct 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CH_2387_2002 17 Oct 2002 SSCS Benefits [ Bailii ] Â Â Westminster City Council v National Asylum Support Service; HL 17-Oct-2002 - Times, 18 October 2002; [2002] UKHL 38; [2002] 1 WLR 2956; [2002] 4 All ER 654; [2002] HLR 58; (2002) 5 CCL Rep 511; [2003] BLGR 23 Â (Un-named) [2002] UKSSCSC CCS_741_2002 17 Oct 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CI_1819_2001 21 Oct 2002 SSCS Benefits [ Bailii ] Â (Un-named) (Widow's Benefit) [2002] UKSSCSC CG_3049_2002 22 Oct 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CH_3008_2002 23 Oct 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIB_2312_2002 24 Oct 2002 SSCS Benefits [ Bailii ] Â Hetoja, Regina (on the Application Of) v Secretary of State for the Home Department Times, 11 November 2002; [2002] EWHC 2146 (Admin) 24 Oct 2002 Admn Lightman J Immigration, Benefits, Human Rights, Housing The applicant was an asylum seeker reliant upon the respondent for housing, being otherwise destitute. She sought housing which would not split up her extended family. She claimed that the regulations excluded from the respondent's decision making process an element, her right to respect for family life, which he was obliged under the Convention to have regard to. Held: The regulations required the respondent not to take account of the applicant's own personal preferences. This did not prevent him having proper regard for her circumstances, including the factors which she sought to have reflected, in his duty to provide adequate accommodation. The regulations did not conflict with her rights. National Assistance Act 1948 - Immigration and Asylum Act 1999 97(2) - Asylum Support Regulations 2000 (2000 No 704) 13(2)(a) - European Convention on Human Rights Art 8 [ Bailii ] Â Secretary of State for the Home Department, Regina (on the Application of) v Chief Asylum Support Adjudicator and Another Times, 29 November 2002; Gazette, 19 December 2002; [2002] EWHC 2218 (Admin) 25 Oct 2002 Admn Silber J Immigration, Benefits The asylum seeker had sought support from the Secretary of State. That assistance had been granted subject to a condition that she live where directed. She sought to appeal. Held: There was no right of appeal against the condition. The jurisdiction must come from section 103(2). That section made it clear that a right of appeal lay only of the support was stopped. There had to be two decisions, a grant of and a withdrawal of support. There was no pre-existing support grant to support an appeal. Immigration and Asylum Act 1999 95 103(2) 1 Cites 1 Citers [ Bailii ] Â (Un-named) [2002] UKSSCSC CP_281_2002 28 Oct 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CI_3925_2001 28 Oct 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_2178_2001 28 Oct 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIB_2126_2002 30 Oct 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIB_2977_2002 31 Oct 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CI_1720_2001 31 Oct 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_2033_2001 1 Nov 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_3965_2001 5 Nov 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CP_4762_2001 5 Nov 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIB_2011_2001 5 Nov 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CCS_1306_2001 5 Nov 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_2975_2002 7 Nov 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CI_2393_2002 7 Nov 2002 SSCS Benefits [ Bailii ] Â Howker v Secretary of State for Work and Pensions [2002] UKSSCSC CIB_4563_1998 8 Nov 2002 SSCS Benefits [ Bailii ] Â Regina (Cumpsty) v The Rent Service Times, 05 December 2002 8 Nov 2002 QBD Pichford J Housing, Benefits, Human Rights The claimant sought to challenge the way the respondent selected the local reference rent. Held: The determination of the rent was a determination of his civil rights and obligations, and the claimant was entitled to a fair trial. However the Rent Officer was an independent and impartial tribunal, and, provided the Officer gave sufficient reasons for his decision, the procedure did not infringe the claimant's human rights. European Convention on Human Rights Art 6 - Rent Officers (Housing Benefit Functions) Order 1997 (1997 No 1984) Â Howker v Secretary of State for Work and Pensions and Another Times, 19 November 2002; Gazette, 16 January 2003; [2002] EWCA Civ 1623 8 Nov 2002 CA Peter Gibson, Mance, Hale LJJ Benefits, Constitutional The applicant challenged the validity of regulations made by the respondent. Held: The procedure under the Act envisaged that new regulations would be commented upon by the Social Security Advisory Committee. The Committee could allow a regulation to go through without comment, provided it received appropriate confirmation from the first respondent that the effect of the regulations was neutral or similar. In this case, the regulation was so certified, but incorrectly so, and had not been examined by the committee. The regulation was therefore ultra vires and invalid. Social Security Administration Act 1992 172 173 - Social Security (Incapacity for Work and General Amendments) Regulations 1996 (1996 No 484) 27 [ Bailii ] Â (Un-named) [2002] UKSSCSC CCR_2046_2002 8 Nov 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CI_660_2001 8 Nov 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIB_1650_2002 11 Nov 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_1385_2002 13 Nov 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CI_2746_2002 13 Nov 2002 SSCS Benefits [ Bailii ] Â Wren v Department of Environment, Food and Rural Affairs Times, 04 December 2002 14 Nov 2002 QBD Cooke J Agriculture, Benefits, European The applicant farmers sought payment under the set-aside regulations. They had harvested hay and grass in the year before relevant fields were set aside, but had been refused the relevant compensation. Held: The regulation defined 'set-aside' as 'the leaving fallow of an area which has been cultivated in the previous year with a view to harvest' The phrase was to be considered purposively, and as a whole. In that light, there was no significance in the different activities a farmer might undertake. There was no requirement for any specific operation to have been undertaken, only that the land had been brought under cultivation. Council Regulation (EEC) 1765/92 of June 30 1992 (OJ 1992 L181/12) - Commission Regulation (EC) 762/94 of April 6 1994 2 Â (Un-named) [2002] NISSCSC C21/02-03(DLA) 15 Nov 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CCR_3808_2000 15 Nov 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CI_1452_2002 18 Nov 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_3017_2002 19 Nov 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CCS_1925_2002 19 Nov 2002 SSCS Benefits [ Bailii ] Â (Un-named) (bereavement benefit) [2002] UKSSCSC CG_2965_2002 20 Nov 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_2211_2002 20 Nov 2002 SSCS Benefits [ Bailii ] Â Arnott v Melton Borough Council [2002] EWCA Civ 1800 22 Nov 2002 CA Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_3778_2002 25 Nov 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_2599_2002 28 Nov 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CI_2531_2001 28 Nov 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CCS_2861_2001 28 Nov 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIB_3126_2002 29 Nov 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIB_4401_2001 2 Dec 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CDLA_3831_2002 2 Dec 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIB_3814_2002 3 Dec 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] NISSCSC C11/02-03(IS) 5 Dec 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â Satu v London Borough of Hackney and Another [2002] EWCA Civ 1843 6 Dec 2002 CA Immigration, Benefits National Assistance Act 1948 [ Bailii ] Â (Un-named) [2002] UKSSCSC CH_2659_2002 9 Dec 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CCS_3405_2002 9 Dec 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIB_2751_2002 10 Dec 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CSDLA_852_2002 11 Dec 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] NISSCSC C7/02-03(DLA) 12 Dec 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) IIDB [2002] UKSSCSC CCR_4558_2001 12 Dec 2002 SSCS Benefits Industrial injuries disablement benefit [ Bailii ] Â (Un-named) [2002] UKSSCSC CA_2642_2001 13 Dec 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_4218_2001 13 Dec 2002 SSCS Benefits [ Bailii ] Â (Un-named) [2002] NISSCSC A4/01-02(JSA) 16 Dec 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [2001] NISSCSC A4/01-02(JSA) 16 Dec 2002 NISSCS Northern Ireland, Benefits [ Bailii ] Â A and Others, Regina (on the Application Of) v East Sussex County Council and Another [2002] EWHC 2771 (Admin) 17 Dec 2002 Admn Local Government, Benefits 1 Cites 1 Citers [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_3113_2002 17 Dec 2002 SSCS Benefits [ Bailii ] Â Hourigan on Behalf of her Mother Mary Hourigan (Deceased) v Secretary of State for Work and Pensions Times, 28 December 2002; [2002] EWCA Civ 1890 19 Dec 2002 CA Lord Justice Brooke, Lord Justice Auld, Lord Justice Sedley Benefits The regulations appeared to deem that the deceased had held a half share in the house when in fact she owned only a one sixth share. The result was that she had been disallowed Income Support. Held: The regulations applied where two or more people were interested in the same capital asset. Since the property was owned in separate shares, there was no need to treat her as a joint owner, and benefit had been wrongly withheld. The attempt by the respondent to justify the interpretation, which was on the basis of administrative convenience failed. Much clearer words would be required to allow such an unfair conclusion, requiring someone to dip into capital which was not their own before claiming benefit. Income Support (General) Regulations 1987 (SI 1987 No 1967) 52 [ Bailii ] Â (Un-named) [2002] UKSSCSC CIS_3544_2002 19 Dec 2002 SSCS Benefits SS appeal against finding that the applicant was entitled to child maintenance bonus. [ Bailii ] Â (Un-named) [2002] UKSSCSC CJSA_4721_2001 19 Dec 2002 SSCS Benefits [ Bailii ] Â Secretary of State for Work and Pensions v Hourigan [2002] UKSSCSC CIS_5906_1999 19 Dec 2002 SSCS Benefits [ Bailii ] Â (Un-named) JSA [2002] UKSSCSC CIB_3814_2001 20 Dec 2002 SSCS Benefits Income-based jobseeker's allowance [ Bailii ] Â (Un-named) [2002] UKSSCSC CSA_248_2002 24 Dec 2002 SSCS Benefits [ Bailii ] Â
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