A disapplication of the restriction on claiming housing benefit must be for an event which takes place after the claim. Wife not entitled to more mortgage support benefit than had been paid as housing benefit. Citations: Independent 13-Jul-1995, Times 05-Jul-1995 Statutes: Income Support (General) Regulations 1987 10-1 Jurisdiction: England and Wales Benefits Updated: 21 January … Continue reading Kaur v Chief Adjudication Officer: CA 5 Jul 1995
A student may claim income support while on a sabbatical ‘year off’ suspension of course. Citations: Times 22-Feb-1995, Independent 15-Feb-1995 Statutes: Income Support (General) Regulations 1987 Jurisdiction: England and Wales Benefits Updated: 09 December 2022; Ref: scu.79040
The Secretary of State having decided against an application for asylum could direct non-payment of benefits although he would hear representations. Held: Regulation 70(3A)(b)(i) defines a date by reference to the recording by the Secretary of State of the claim for asylum as having been determined. There is no reference to notification. The reference to … Continue reading Salem v Secretary of State for Home Department: CA 6 Mar 1998
The requirement that an applicant for income support must show ‘Habitual residence’ required a demonstration that in the applicant was in the UK voluntarily for settled purposes and an appreciable time should pass before income a support claim was made. (Thorpe, L.J. dissenting) Judges: Morritt, L.J. and Sir Christopher Staughton, Thorpe, L.J Citations: Times 11-Feb-1998, … Continue reading Nessa v Chief Adjudication Officer: CA 5 Feb 1998
UTIAC 1. The requirement to show that a person or persons can be maintained (or will maintain themselves) ‘adequately’ without recourse to public funds has long been a requirement of the immigration rules. It continues to be a requirement for various categories of person in the amended rules that came into force in July 2012. … Continue reading Yarce (Adequate Maintenance: Benefits) Colombia: UTIAC 30 Nov 2012
No severe disability premium for lone parent receiving attendance and mobility all. Citations: Times 30-Jan-1996 Statutes: Income Support (General) Regulations 1987 Sch 2 para 13 Jurisdiction: England and Wales Benefits Updated: 27 October 2022; Ref: scu.88783
A disabled adult living with her parents was still entitled to receive the severe disability premium. Citations: Times 12-Dec-1994, Independent 02-Dec-1994 Statutes: Income Support (General) Regulations 1987 Jurisdiction: England and Wales Citing: Appealed to – Bate v Chief Adjudication Officer HL 17-May-1996 Severe disability premium not available to adult claimant residing with parents. . . … Continue reading Bate v Chief Adjudication Officer and Another: CA 2 Dec 1994
It is possible that in some circumstances the same enactment may be construed differently according to whether it applies in circumstances covered by a directive. Arden LJ approved the following passage from Bennion: ‘It is legitimate for the national court, in relation to a particular enactment of the national law, to give it a meaning … Continue reading Gingi v The Secretary of State for Work and Pensions: CA 14 Nov 2001
The Secretary of State had introduced regulations which excluded the statutory right to payment of ‘urgent case’ benefits for asylum seekers who had not claimed asylum immediately upon arrival, or whose claims for asylum had been rejected, and who were awaiting appeal. Held: Leaving asylum applicants without benefits defeated the purpose of the asylum laws. … Continue reading Regina v Secretary of State for Social Security Ex Parte B and the Joint Council for the Welfare of Immigrants: CA 27 Jun 1996
The claimant french woman had come to England, working as a teaching assistant. She set out to train as a teacher but became pregnant, and gave up work temporarily. She was refused Income Support. Her appeal was allowed, and the Secretary of State now appealed against that order. Held: His appeal succeeded. Citations: [2010] UKUT … Continue reading Secretary of State for Work and Pensions v JS: UTAA 7 May 2010
Judges: Sir Andrew Morritt Ch, Moses LJ, Sir David Keene Citations: [2010] EWCA Civ 162, [2010] AACR 28 Links: Bailii Statutes: Income Support (General) Regulations 1987, Social Security Contributions and Benefits Act 1992 124 Jurisdiction: England and Wales Benefits Updated: 15 August 2022; Ref: scu.402945
Notional Capital: deprivation Citations: [2009] UKUT 145 (AAC) Links: Bailii Statutes: Income Support (General) Regulations 1987, Housing Benefit Regulations 2006, Council Tax Benefit Regulations 2006 Jurisdiction: England and Wales Benefits Updated: 04 August 2022; Ref: scu.375701
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
The claimant’s eligible housing costs for the purposes of the calculation of entitlement to Income Support include the interest on so much of the loans taken out by the claimant and her husband as was used within the period specified in paragraph 16(1) of schedule 3 to the Income Support (General) Regulations 1987 for the … Continue reading (Un-named): SSCS 8 Mar 2000
Applicable amount – child maintained by local authority at residential educational establishment – whether ‘resident’ and to be treated as possessing income The claimant’s income support was reduced by virtue of income attributed to children under regulation 44(3) of the Income Support (General) Regulations 1987 because they attended a boarding school in Norfolk and the … Continue reading Barton v Chief Adjudication Officer: CA 16 May 1996
Income Support Citations: [2006] UKSSCSC CIS – 2317 – 2006 Links: Bailii Statutes: Income Support (General) Regulations 1987 15(1) Jurisdiction: England and Wales Benefits Updated: 10 July 2022; Ref: scu.249721
Judges: Buxton LJ, Sedley LJ, Rimer J Citations: [2005] EWCA Civ 942 Links: Bailii Statutes: Income Support (General) Regulations 1987 Jurisdiction: England and Wales Benefits Updated: 06 July 2022; Ref: scu.229196
The claimant had been married with children. Her husband was accused of abuse of the children, and bailed to live away from home, and then convicted and imprisoned. The claimant applied for income support on the basis that she had been abandoned within the regulations. The Secretary of State appealed a finding that she had … Continue reading Secretary of State for Work and Pensions v W: CA 18 May 2005
The Regulations provided that income support was not payable for a dependent child for any period of four weeks or more where the child was outside Great Britain. The claimant, a Portuguese national had come to Great Britain but had been incapable of work for incapacity. His child returned to Portugal to stay with his … Continue reading Secretary of State for Work and Pensions v Carlos Bobezes: CA 16 Feb 2005
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
Income Support – Asylum seeker Citations: [2006] UKSSCSC CIS – 926 – 2005 Links: Bailii Statutes: Income Support (General) Regulations 1987 Jurisdiction: England and Wales Benefits Updated: 02 June 2022; Ref: scu.249750
Regular payments from a structured settlement which had been awarded as damages in a personal injury action were capital treated as income under the regulations, and the entitlement to income support was to be affected accordingly. The regulations stated that capital payable by installments or income received under an annuity were to be treated as … Continue reading Charles Alexis Beattie – v – Secretary of State for Social Security: CA 9 Apr 2001
Judges: Judge, Mance LJJ, Sir Anthony Evans Citations: [2001] EWCA Civ 270 Links: Bailii Statutes: Income Support (General) Regulations 1987 Jurisdiction: England and Wales Benefits Updated: 31 May 2022; Ref: scu.147433
The claimant owned a half share in a property. It was said that this brought her disposable capital above the limit to make a claim. She had inherited it, but had transferred it to her brother in satisfaction of her mother’s wishes. Judges: Lord Justice Evans, Lord Justice Potter and Lord Justice Mummery Citations: [2000] … Continue reading Wilkinson v Chief Adjudication Officer: CA 24 Mar 2000
The appellant first applied for income support and then for job seeker’s allowance in respect of periods between terms. He was employed as a classroom assistant in a school, and was not paid outside term. He sought but could not obtain work. He was denied benefits. He claimed that when averaged over the year including … Continue reading Chief Adjudication Officer v Stafford and Banks: HL 29 Jun 2001
The claimant was an EC national who had become resident here but was not seeking work, since she cared for her children. The Secretary of State said that since she was not seeking work, she was not entitled to remain and should make arrangements to leave the UK. Held: The letter asking a claimant to … Continue reading Chief Adjudication Officer v Wolke; Remelien v Secretary of State for Social Security: HL 13 Nov 1997
Severe disability premium not available to adult claimant residing with parents. Citations: Gazette 17-May-1996, Times 17-May-1996 Statutes: Income Support (General) Regulations 1987 (1987 No 1867) Sch2 13(2)(a Citing: Appeal from – Bate v Chief Adjudication Officer and Another CA 2-Dec-1994 A disabled adult living with her parents was still entitled to receive the severe disability … Continue reading Bate v Chief Adjudication Officer: HL 17 May 1996
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
It is not contrary to European Law for a non-contributory benefit to be suspended after a claimant has been out of the country for four weeks. The benefits systems have been co-ordinated, and not harmonised. Citations: Times 20-Oct-1998 Statutes: Income Support (General) Regulations 1987 Jurisdiction: England and Wales Benefits Updated: 11 May 2022; Ref: scu.84674
Regulations providing that a student stayed such until he concluded, or was dismissed from a course, were deeming provisions, and a student taking a year out after failing his exams, remained a student and was unable to claim benefits by way of income support. Article 2 did not require the state to subsidise a student … Continue reading O’Connor v Chief Adjudication Officer and Another: CA 11 Mar 1999
The provisions for requiring the averaging of pay over entire cycles of work were applied to ensure that workers who worked part time for educational establishments and who were not paid when the schools were closed, were not able to receive benefits for the weeks when they were not paid because of the overall average … Continue reading Chief Adjudication Officer v Stafford; Same v Banks: CA 27 Oct 1999
The 1987 Regulations provided additional benefits for disabled persons, but excluded from benefit those who had nowhere to sleep. The claimant said this was irrational. He had been receiving the disability premium to his benefits, but this was cancelled when he lost his home. Held: The appeal was dismissed. The disabilty premium, as part of … Continue reading RJM, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 22 Oct 2008
The claimant entered the UK as a student coming from Poland. She then worked as a kitchen maid, but having left that job on becoming a mother was refused income support. She later returned to work. She said that the rules which denied her benefit were inconsistent with articles 12 (discrimination on the grounds of … Continue reading Kaczmarek v Secretary of State for Work and Pensions: CA 27 Nov 2008
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
(Northern Ireland) The claimant challenged the rules restricting payment of benefits to nationals from the 8 latest European Accession states to those with an unbroken 12 month working record. The applicant came from Poland and worked at two authorised employments but failed to find a third. She had left her partner because of his violence. … Continue reading Zalewska v Department for Social Development: HL 12 Nov 2008
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
The court considered the arrangements for providing public support for the costs of funerals. The claimant’s son had died whilst she was in prison. Assistance had been refused because, as a prisoner, she was not receiving benefits. She complained that the refusal violated her right not to be discriminated against. Held: The prisoner’s appeal failed. … Continue reading Stewart v Secretary of State for Work and Pensions: CA 29 Jul 2011
Wrongful Refusal of Benefits The claimant was estranged from his family, but claimed re-imbursement of the expenses for his brother’s funeral. The respondent required him to establish that none of his siblings was in a better position than he to pay for the funeral, but he had no means of contacting them. Held: Deciding a … Continue reading Kerr v Department for Social Development (Northern Ireland): HL 6 May 2004
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