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Peters v East Midlands Strategic Health Authority and Another: CA 3 Mar 2009

The Authority was not entitled to have deducted from the sums payable toward the claimant’s social care, an award of damages made against the authority from its own negligence in the care of his mother, leading to his disability. The phrase ‘An award of damages for a personal injury’ in paragraph 44(2)(a) was clear, unambiguous … Continue reading Peters v East Midlands Strategic Health Authority and Another: CA 3 Mar 2009

Nessa v Chief Adjudication Officer: HL 3 Nov 1999

Mrs. Nessa arrived at Heathrow aged 55 having lived all her life in Bangladesh. Her husband, Mr. Mobarak Ali, had lived in the United Kingdom from 1962 until he died in 1975 and when she arrived here, Mrs. Nessa had a right of abode. She hoped to live with her husband’s brother. Her three children, … Continue reading Nessa v Chief Adjudication Officer: HL 3 Nov 1999

Hourigan on Behalf of her Mother Mary Hourigan (Deceased) v Secretary of State for Work and Pensions: CA 19 Dec 2002

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 … Continue reading Hourigan on Behalf of her Mother Mary Hourigan (Deceased) v Secretary of State for Work and Pensions: CA 19 Dec 2002

Kola and Another v Secretary of State for Work and Pensions: HL 28 Nov 2007

The claimant said that the 1987 Regulations were invalid, in making invalid any claim for benefits by an asylum seeker who had not made his application exactly upon entry to the UK. Held: The appeals were allowed. Section 11 of the 1971 Act is a highly technical provision which for the purposes of immigration control … Continue reading Kola and Another v Secretary of State for Work and Pensions: HL 28 Nov 2007

Regina v Secretary of State for the Home Department ex parte Anufrijeva: HL 26 Jun 2003

The appellant challenged the withdrawal of her benefits payments. She had applied for asylum, and been granted reduced rate income support. A decision was made refusing her claim, but that decision was, by policy, not communicated to her for several months, during which time her benefits were cancelled. Held: The result was to leave the … Continue reading Regina v Secretary of State for the Home Department ex parte Anufrijeva: HL 26 Jun 2003