Tmcc v Department for Social Development (Jsa) (Jobseeker’S Allowance): NISSCS 6 Jul 2011
Citations: [2010] NICom 184 Links: Bailii Northern Ireland, Benefits Updated: 25 September 2022; Ref: scu.447580
Citations: [2010] NICom 184 Links: Bailii Northern Ireland, Benefits Updated: 25 September 2022; Ref: scu.447580
UTIAC (1) When deciding whether an EEA national is a worker for the purposes of the EEA Regulations, regard must be had to the fact that the term has a meaning in EU law, that it must be interpreted broadly and that it is not conditioned by the type of employment or the amount of … Continue reading Begum (EEA – Worker – Jobseeker) Pakistan: UTIAC 13 Jul 2011
IAT (i) To qualify as a ‘jobseeker’ under reg 6(1)(a) of the Immigration (European Economic Area) Regulations 2006 (SI 2006/1003) an EEA national must meet all three requirements set out at reg 6(4), including that he be a person who entered the United Kingdom in order to seek employment.(ii) A person who is a jobseeker … Continue reading AG and others (EEA-Jobseeker-Self-Sufficient Person-Proof) Germany: IAT 3 Aug 2007
Citations: [2017] UKUT 388 (AAC) Links: Bailii Jurisdiction: England and Wales Benefits Updated: 01 April 2022; Ref: scu.598485
Citations: [2017] UKUT 282 (AAC) Links: Bailii Jurisdiction: England and Wales Benefits Updated: 30 March 2022; Ref: scu.595526
For the purposes of determining retained rights of residence, in regulation 10(6)(a) of both the Immigration (European Economic Area) Regulations 2006 and the Immigration (European Economic Area) Regulations 2016, the reference to a worker includes a jobseeker. Citations: [2018] UKUT 275 (IAC) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 01 February 2022; Ref: scu.628732
[2016] UKUT 355 (AAC) Bailii England and Wales Benefits Updated: 23 January 2022; Ref: scu.569528
[2016] UKUT 351 (AAC) Bailii England and Wales Benefits Updated: 23 January 2022; Ref: scu.569531
[2016] UKUT 387 (AAC) Bailii England and Wales Benefits Updated: 23 January 2022; Ref: scu.569536
[2016] UKUT 269 (AAC) Bailii England and Wales Benefits Updated: 17 January 2022; Ref: scu.565580
[2016] UKUT 72 (AAC) Bailii England and Wales Benefits Updated: 12 January 2022; Ref: scu.561086
[2006] NISSCSC C1 – 05 – 06(JSA) Bailii Northern Ireland Benefits Updated: 08 January 2022; Ref: scu.244037
An individual who has acquired the status of worker for the purposes of article 45 (ex Article 3) TFEU) (and thus regulation 4 (1) (a) of the Immigration (European Economic Area) Regulations 2006) only through being a jobseeker, who is a qualified person under regulation 6(1)(a), does not retain the status of worker on ceasing … Continue reading Yusuf (EEA – Ceasing To Be A Jobseeker; Effect): UTIAC 15 Jul 2015
[2006] UKSSCSC CJSA – 1390 – 2006 Bailii England and Wales Benefits Updated: 23 November 2021; Ref: scu.249751
UTIAC 1. Although the question whether Article 7(3) of Directive 2004/38/EC deals exhaustively with the circumstances in which a jobseeker can retain the status of a worker in EU law has been held by the Supreme Court in Saint Prix v Secretary of State for Work and Pensions [2012] UKSC 49 to require a reference … Continue reading Shabani v Secretary of State for The Home Department (EEA – Jobseekers; Nursery Education): UTIAC 24 Jun 2013
Reference for a preliminary ruling – Directive 2004/38/EC – Person no longer working in a self-employed capacity – Retention of the status of self-employed person – Right of residence – Legislation of a Member State restricting eligibility for a jobseeker’s allowance to persons who have a right of residence on the territory of that Member … Continue reading Gusa v Minister for Social Protection (Special Non-Contributory Cash Benefits – Jobseeker’s Allowance : Opinion): ECJ 20 Dec 2017
Reference for a preliminary ruling – Directive 2004/38/EC – Person no longer working in a self-employed capacity – Retention of the status of self-employed person – Right of residence – Legislation of a Member State restricting eligibility for a . .
It is generally unwise to give summary judgment in cases where the relevant law is uncertain or in a state of development: ‘This must mean that where the legal viability of a cause of action is unclear (perhaps because the law is in a state of transition), or is in any way sensitive to the … Continue reading E (A Minor) v Dorset County Council: CA 1995
entitlement to an income-based jobseeker’s allowance. Citations: [2002] UKSSCSC CJSA – 3027 – 2002 Links: Bailii Jurisdiction: England and Wales Benefits Updated: 06 December 2022; Ref: scu.222360
Jobseeker’s allowance Citations: [2010] UKUT 221 (AAC), [2011] AACR 9 Links: Bailii Jurisdiction: England and Wales Benefits Updated: 04 December 2022; Ref: scu.423220
Jobseeker’s allowance – student at University studying for examinations set by professional body – whether course abandoned Citations: [2001] UKSSCSC CJSA – 1457 – 1999 Links: Bailii Jurisdiction: England and Wales Benefits Updated: 19 November 2022; Ref: scu.269337
The claimant sought benefits. He had a large family which could only be housed in two adjacent houses. His claim for benefit was turned down on the basis that the second house was not regarded as his home, and therefore stood as capital, resulting in his exclusion from benefit. His appeal was allowed, and the … Continue reading Secretary of State for Works and Pensions v Mohammed Miah: CA 25 Jul 2003
Reference for a preliminary ruling – Free movement of persons – Article 45 TFEU – Citizenship of the Union – Directive 2004/38 / EC – Right of residence for more than three months – Article 14 (4) (b) – Job seekers – Reasonable time to take note of job offers that may be suitable for … Continue reading G M A (Demandeur D’Emploi) (Judgment): ECJ 17 Dec 2020
The claimants sought judicial review of schemes which they said appeared to require them to work for free in order to claim Jobseekers Allowance. Held: Judicial review was granted. There had been a breach of regulation 4(2) of the 2011 Regulations, because the Secretary of State had breached regulation 4(2), by the failure to provide … Continue reading Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 6 Aug 2012
Income-based jobseeker’s allowance Citations: [2002] UKSSCSC CIB – 3814 – 2001 Links: Bailii Jurisdiction: England and Wales Benefits Updated: 31 October 2022; Ref: scu.222379
The appellant had – in a fictitious identity that was not that of another, real, person – claimed and been granted asylum, indefinite leave to remain and British citizenship. The Secretary of State for Work and Pensions accepted that the appellant was not ‘a person subject to immigration control’ within the meaning of section 115 … Continue reading ED v Secretary of State for Work and Pensions: UTAA 15 Dec 2020
This case is about how the Department for Work and Pensions (the DWP), in administering our complex welfare benefits system, treats people with a reassigned gender, and specifically whether certain policies conflict (1) with the Gender Recognition Act 2004; (2) with the Human Rights Act 1998; or (3) with the Equality Act 2010. The claimant … Continue reading C, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 1 Nov 2017
The court was asked as to the extent to which the State should retain personal information about citizens, and whether its policies or practices for doing so comply with the human rights of those citizens. It arose in the instant case in a heightened form because the information relates to the sensitive personal data of … Continue reading C, Regina (on The Application of) v Secretary of State for Work and Pensions and Another: Admn 18 Jul 2014
Jobseekers Allowance – Other Citations: [2018] UKUT 424 (AAC) Links: Bailii Jurisdiction: England and Wales Benefits Updated: 11 September 2022; Ref: scu.643983
The decision of the appeal tribunal held on 2 November 2007 is erroneous in point of law. I set aside that decision. I re-make that decision pursuant to s.12(2) of the Tribunals, Courts and Enforcement Act 2007. The claimant is not entitled to contribution based Jobseeker’s Allowance in respect of the claim made on 23 … Continue reading LE: UTAA 24 Aug 2009
Right to reside – effect of regulation 16(1)(a) of European Economic Area Regulations 2016 – whether excludes a jobseeker from relying on derivative right of residence under Article 10 of Regulation (EU) No. 492/2011 – Jobcenter Krefeld-Widerspruchsstelle v JD (Case No. C-181/19) considered and applied. Citations: [2022] UKUT 123 (AAC) Links: Bailii Jurisdiction: England and … Continue reading Sandwell Metropolitan Borough Council v KK and Secretary of State for Work and Pensions (HB): UTAA 4 May 2022
The Claimant challenged the decision to require her to participate in the Skills Conditionality scheme under the provisions of the Jobseeker’s Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013 (SI 2013 No 276) (‘the SAPOE Regulations’); and, more generally, the Jobseeker’s Allowance Post Work Programme Support measures of which that requirement was part. … Continue reading Smith, Regina (on The Application of) v The Secretary of State for Work and Pensions: Admn 31 Jul 2015
Job-seekers allowance Citations: [2009] UKUT 259 (AAC) Links: Bailii Statutes: Jobseekers Act 1995 19(5)(c) Jurisdiction: England and Wales Benefits Updated: 17 August 2022; Ref: scu.410677
Jobseekers allowance Citations: [2010] UKUT 4 (AAC) Links: Bailii Statutes: Jobseekers Act 1995 19 Jurisdiction: England and Wales Benefits Updated: 17 August 2022; Ref: scu.410596
This case raises issues concerning the right of European Union citizens, who have worked as self-employed workers but have ceased to be in work, to be paid jobseeker’s allowances and crisis payments. The central issue turns on whether there is a practical distinction, for the purposes of obtaining certain benefits, between a worker who, prior … Continue reading Tilianu, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 15 Feb 2010
Jobseekers allowance Citations: [2013] UKUT 535 (AAC) Links: Bailii Jurisdiction: England and Wales Benefits Updated: 19 July 2022; Ref: scu.518737
The taxpayer had been receiving jobseekers allowance. He received an award of damages for personal injury, and the respondent council suspended his housing benefit. He now sought judicial review of that decision. The council asked several silly questions about his circumstances. The council now said that the suspension had been temporary, and that the proceedings … Continue reading Gray, Regina (on the Application of) v Bristol City Council: Admn 3 Sep 2008
Income-based jobseeker’s allowance – Capital – value of claimant’s interest in former matrimonial home – correct practice in cases involving valuation evidence Citations: [2000] UKSSCSC CJSA – 1114 – 2000 Links: Bailii Benefits Updated: 15 July 2022; Ref: scu.269294
jobseekers allowance JSA Citations: [2006] UKSSCSC CJSA – 1703 – 2006 Links: Bailii Benefits Updated: 10 July 2022; Ref: scu.249695
The claimant had dual Irish and US nationality. He therefore also was a citizen of the EU. He complained that the British rules against payment of job seekers’ allowance were discriminatory. The matter had already been to the ECJ. Held: The residence test as applied was not in contravention of EU law. ‘[T]he proper interpretation … Continue reading Collins v Secretary of State for Work and Pensions: CA 4 Apr 2006
Clam for jobseekers allowance Citations: [2005] UKSSCSC CJSA – 3084 – 2004 Links: Bailii Jurisdiction: England and Wales Benefits Updated: 30 June 2022; Ref: scu.225942
Citations: [2002] UKSSCSC CJSA – 3139 – 2001 Links: Bailii Statutes:
The claimant shared child care with his former partner, but claimed that the system which gave the job-seeker’s child care supplement to one party only was discriminatory. Held: In such cases the supplement usually went to the mother, and this had a diverse impact on men. It was for the Secretary of State to justify … Continue reading Hockenjos v Secretary of State for Social Security (No 2): CA 21 Dec 2004
Jobseekers Allowance : Other Citations: [2015] UKUT 476 (AAC) Links: Bailii Jurisdiction: England and Wales Benefits Updated: 23 June 2022; Ref: scu.553155
The Commission dismissed as manifestly unfounded a complaint that the suspension of Industrial Injuries Disability Benefit during a person’s imprisonment involved any violation of Article 1P. It reiterated that ‘it is still necessary, in order for such a right to be established, that the person concerned should have satisfied domestic legal requirements . . ‘ … Continue reading Carlin v United Kingdom: ECHR 1 Dec 1997
The applicant was a foreign national serving a long-term prison sentence. He complained that UK nationals would have had their case referred to the parole board before his. Held: The right to be referred to the parole board was a statutory right, which was not the same as an article 3 right to liberty and … Continue reading Secretary of State for the Home Department v Hindawi and Headley: CA 13 Oct 2004
Claim for jobseeker’s allowance Citations: [2004] UKSSCSC CJSA – 1395 – 2002 Links: Bailii Jurisdiction: England and Wales Benefits Updated: 21 June 2022; Ref: scu.216147
The defendant claimed that he had gone absent without leave from the RAF as a conscientous objector. Held: The defendant had not demonstrated by complaint to the RAF that he did object to service in Iraq. In some circumstances where there was no procedure to make his objection known, the failure to do so might … Continue reading Khan v Royal Air Force Summary Appeal Court: Admn 7 Oct 2004
ECJ Freedom of movement for persons – Article 48 of the EC Treaty (now, after amendment, Article 39 EC) – Concept of ‘worker’ – Social security allowance paid to jobseekers – Residence requirement – Citizenship of the European Union. Citations: C-138/02, Times 30-Mar-2004, [2004] EUECJ C-138/02, [2004] All ER (EC) 1005, [2004] 2 CMLR 8, … Continue reading Collins v Secretary of State for Work and Pensions: ECJ 23 Mar 2004
PC (Mauritius) A father challenged the constitutionality of a system where 50% of places in Catholic run secondary schools were allocated to Catholic childen, and fifty per cent according to merit. He feared this would discriminate against his daughter as a Hindu. The Supreme Court upheld his claim, and the Colleges appealed. Held: The constitution … Continue reading Bishop of Roman Catholic Diocese of Port Louis and Others v Suttyhudeo Tengur and Others: PC 3 Feb 2004
The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a ‘possession’ within the Convention or the discrimination was arbitrary so as to breach the applicants human rights. Held: … Continue reading Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003
A licence was sought so that a couple could have a child who would be tissue typed to establish his suitability to provide an umbilical cord after his birth to help treat his future brother. A licence had been granted subject to conditions, and the applicant now challenged the right of the Authority to grant … Continue reading Quintavalle, Regina (on the Application of) v Human Fertilisation and Embryology Authority: CA 16 May 2003
Where a full time student became pregnant and had to suspend her studies, the regulations still treated her as a student, and disentitled her from benefits. The claimant alleged that this was sex discrimination. Held: It was not. The starting point had to be that the Regulations made no explicit distinction between a man and … Continue reading Secretary of State for Social Security v Walter: CA 6 Dec 2001
The question arose as to the refusal of planning permission and the service of an enforcement notice against Mrs Chapman who wished to place her caravan on a plot of land in the Green Belt. The refusal of planning permission and the enforcement notice were upheld by the inspector. Held: The needs of gypsies for … Continue reading Chapman v United Kingdom; similar: ECHR 18 Jan 2001
The claimant, who was disabled, said that his Article 8 rights were infringed because, in breach of Italian law, there were no facilities to enable him to get to the sea when he went on holiday. Held: ‘Private life . . includes a person’s physical and psychological integrity; the guarantee afforded by Article 8 of … Continue reading Botta v Italy: ECHR 24 Feb 1998
There is discrimination only if the cases under comparison are not sufficiently different to justify the difference in treatment. This expressed by saying that the two cases must be in an ‘analogous situation’. The social security system is a ‘system characterised by a corpus of rights and obligations of which it would be artificial to … Continue reading Van Der Mussele v Belgium: ECHR 23 Nov 1983
Issues relating to Job Seekers’ Allowance provide for the risks of unemployment, and fell within the Equal Treatment Directive. The scheme failed to treat equally with his wife, a man who was separated from her, but whose children stayed with him for roughly equal times during the week, and where she received the child benefit, … Continue reading Hockenjos v Secretary of State for Social Security: CA 2 May 2001
The applicant had been detained by the police for 42 hours then released. No charge was made. The applicant had suspended his Job-Seeker’s Allowance for a week. The applicant challenged a tribunal’s finding. Held: The construction of such detention as a physical condition stretched credulity. The applicant was free to suspend benefits. However this appeared … Continue reading Secretary of State for Social Security v David: CA 15 Dec 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
Jobseekers allowance – housing costs Citations: [2010] UKUT 262 (AAC), [2011] AACR 12 Links: Bailii Jurisdiction: England and Wales Benefits Updated: 13 May 2022; Ref: scu.423235
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 applicant had sought a student loan to support his studies as a mature student. It was refused because he would be over 55 at the date of the commencement of the course. He claimed this was discriminatory. Held: The Convention required the state not to prevent access to education, not a duty to subsidise … Continue reading Douglas v North Tyneside Metropolitan Borough Council: CA 19 Dec 2003
The applicant had been in receipt of job-seeker’s allowance. And had signed to say he would be available for work without restriction as to the hours or days of such availability. He was arrested and held for 42 hours before release. He was, by virtue of the regulations disentitled to the benefit for the entire … Continue reading Secretary of State for Social Security v David: CA 30 Jan 2001
Renewed application by the claimant for permission to apply for judicial review of a decision of the defendant to refer her for a skills conditionality assessment interview and thereafter to participate in a Skills Conditionality Scheme period of training Judges: Mr Justice Foskett Citations: [2014] EWHC 2590 (Admin) Links: Bailii Statutes: Jobseekers Act 1995 17A … Continue reading Smith, Regina (on The Application of) v Department of Work and Pensions: Admn 19 May 2014
Article 8 does not impose any positive obligation to provide financial assistance to support a person’s family life. Citations: 12639/87 Cited by: Cited – Carson and Reynolds v Secretary of State for Work and Pensions CA 17-Jun-2003 The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign … Continue reading Vaughan v United Kingdom: ECHR 1987
Jobseekers allowance – housing costs Citations: [2010] UKUT 459 (AAC) Links: Bailii Jurisdiction: England and Wales Benefits Updated: 18 April 2022; Ref: scu.433599
The complainant has requested information from the Department for Work and Pensions (DWP) about policy guidance documentation relating to processes of sanctions and appeals in relation to jobseeker claimants and information about the names of those handling the request for information. DWP provided the complainant with relevant documentation and advised that it held nothing further … Continue reading Department for Work and Pensions (Central Government) FS50567057: ICO 7 Jul 2015
The applicants were denied the earnings-related element of their pensions while they were in prison, pursuant to s.113(1)(d) of the 1992 Act which I have set out. They claimed violations both of Article 1P, and of Article 14 read with Article 1P. The Commission declared the complaints inadmissible. It held (referring to Gaygusuz) that the … Continue reading Szrabjer and Clarke v United Kingdom: ECHR 17 Jun 1998
Jobseekers Allowance – Other Citations: [2017] UKUT 464 (AAC) Links: Bailii Jurisdiction: England and Wales Benefits Updated: 06 April 2022; Ref: scu.606953
Separated parents shared the care of their child. The father complained that all the Child Tax Credit was given to the mother. Held: The appeal failed. Although the rule does happen to be indirectly discriminatory against fathers, the complaint would be exactly the same if it did not discriminate between the sexes. Mothers who share … Continue reading Humphreys v Revenue and Customs: SC 16 May 2012
Discrimination in the payment of ‘widows payment’ and widowed mother’s allowance infringed the rights conferred by article 14 read with article 1 of Protocol 1 but no finding was made about the widow’s pension. The risk of the applicant being refused a widow’s pension on grounds of sex at a future date was found to … Continue reading Willis v The United Kingdom: ECHR 11 Jun 2002
The applicant was refused a grant of parental leave allowance in 1989. At that time parental leave allowance was available only to mothers. The applicant complained that this violated article 14 taken together with article 8. Held: The application was dismissed. the court noted that, as society moved towards a more equal sharing of responsibilities … Continue reading Petrovic v Austria: ECHR 27 Mar 1998
Recognition of illegitimate children The complaint related to the manner in which parents were required to adopt their own illegitimate child in order to increase his rights. Under Belgian law, no legal bond between an unmarried mother and her child results from the mere fact of birth. A recognised ‘illegitimate’ child’s rights of inheritance on … Continue reading Marckx v Belgium: ECHR 13 Jun 1979
The claimants challenged the 1967 Act, saying that it deprived them of their property rights when lessees were given the power to purchase the freehold reversion. Held: Article 1 (P1-1) in substance guarantees the right of property. Allowing a mechanism for the compulsory transfer of the freehold interest in the house and the land to … Continue reading James and Others v The United Kingdom: ECHR 21 Feb 1986
UTAA Jobseekers Allowance : Availability for Employment [2016] UKUT 277 (AAC) Bailii England and Wales Benefits Updated: 19 January 2022; Ref: scu.567152
Jobseekers Allowance : Other [2016] UKUT 272 (AAC) Bailii England and Wales Benefits Updated: 19 January 2022; Ref: scu.567155
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
(Jobseekers Allowance : Other) [2016] UKUT 199 (AAC) Bailii England and Wales Benefits Updated: 15 January 2022; Ref: scu.563376
Underhill, Burnett LJJ, Dame Janet Smith [2016] EWCA Civ 413, [2016] 3 WLR 1641, [2017] QB 657, [2016] WLR(D) 240 Bailii Jobseekers (Back to Work Schemes) Act 2013 England and Wales Benefits Updated: 14 January 2022; Ref: scu.563076
The applicant was a Turkish national resident in Austria. While working there he had paid unemployment insurance contributions. At a stage when he was unemployed he applied for an advance on his pension in the form of emergency assistance. That was available under the material Austrian legislation, but one of the conditions was that the … Continue reading Gaygusuz v Austria: ECHR 16 Sep 1996
UTAA Jobseekers Allowance : Other [2015] UKUT 497 (AAC) Bailii England and Wales Benefits Updated: 04 January 2022; Ref: scu.553167
Jobseekers Allowance : Other [2015] UKUT 454 (AAC) Bailii England and Wales Benefits Updated: 03 January 2022; Ref: scu.552018
Jobseekers Allowance [2015] UKUT 438 (AAC) Bailii England and Wales Benefits Updated: 03 January 2022; Ref: scu.551495
Jobseekers Allowance : Other [2015] UKUT 373 (AAC) Bailii England and Wales Benefits Updated: 03 January 2022; Ref: scu.550682
Jobseekers Allowance [2015] UKUT 318 (AAC) Bailii England and Wales Benefits Updated: 02 January 2022; Ref: scu.550236
UTAA Jobseekers allowance – voluntary unemployment – ‘This case raises some interesting and difficult questions about the relevance to the provision in section 19(6)(a) of the Jobseekers Act 1995 for a ‘sanction’ (ie the identification of a period up to 26 weeks for which jobseeker’s allowance (JSA) is not payable) where a claimant has ‘lost … Continue reading AA v Secretary of State for Work and Pensions: UTAA 15 Mar 2012
UTAA Jobseekers Allowance : Other [2015] UKUT 61 (AAC) Bailii England and Wales Benefits Updated: 29 December 2021; Ref: scu.544799
Jobseekers Allowance : Other [2015] UKUT 56 (AAC) Bailii England and Wales Benefits Updated: 29 December 2021; Ref: scu.544800
UTAA Jobseekers Allowance : Other [2015] UKUT 67 (AAC) Bailii England and Wales Benefits Updated: 29 December 2021; Ref: scu.544802
The Appellant had been unemployed and in receipt of JSA for several years. He was required to do work under the MWA scheme, and he did so over four weeks, He commenced judicial review proceedings challenging the lawfulness of the MWA Regulations on various grounds. He was eventually given permission on a single ground, namely … Continue reading Smith v Secretary of State for Work and Pensions: CA 19 Mar 2015
[2002] EWHC 426 (Admin) Bailii England and Wales Cited by: Appeal from – Carson and Reynolds v Secretary of State for Work and Pensions CA 17-Jun-2003 The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in … Continue reading Reynolds, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 7 Mar 2002
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 … Continue reading Regina (Annette Carson) v Secretary of State for Work and Pensions: Admn 22 May 2002
jobseeker’s allowance [2008] UKSSCSC CJSA – 2811 – 2006 Bailii England and Wales Benefits Updated: 03 December 2021; Ref: scu.267801
The Secretary of State appealed against the decision in favour of Ms Reilly and Mr Wilson, that the 2011 Regulations, made under section 17A of the 1995 Act, did not comply with the requirements of that section, and (ii) a cross-appeal brought by Miss Reilly and Mr Wilson against the Court of Appeal’s rejection of … Continue reading Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 30 Oct 2013
Right to reside -‘ ‘genuine chance of being engaged in employment’ test applied to jobseeker on claim for child benefit -‘ adequacy of HMRC’s appeal response put before FtT -‘ whether HMRC in that response and the FtT in its decision applied wrong version of regulation 6 of the Immigration (EEA) Regs 2006 -‘ adequacy … Continue reading DD v Revenue and Customs and Secretary of State for Work and Pensions (CB): UTAA 28 Feb 2020
The applicant challenged the decision of the court that the sperm donor who had fertilised her eggs to create embryos stored by the respondent IVF clinic, could withdraw his consent to their continued storage or use. Held: The judge worked within a strict statutory framework. His task was to calculate the application of that law, … Continue reading Evans v Amicus Healthcare Ltd and others: CA 25 Jun 2004
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
(Grand Chamber) Pensioners who had moved abroad complained that they had been excluded from the index-linked uprating of pensions given to pensioners living in England. Held: This was not an infringement of their human rights. Differences in treatment for an identifiable characteristic, or status, can amount to discrimination within article 14 if the reason had … Continue reading Carson and Others v The United Kingdom: ECHR 4 Nov 2008
The applicants, parents of more than 800 Francophone children, living in certain (mostly Dutch-speaking) parts of Belgium, complained that their children were denied access to an education in French. Held: In establishing a system or regime to comply with a Convention obligation, a State may include within the system elements that are not strictly required … Continue reading Relating to certain aspects of the laws on the use of languages in education in Belgium (Belgian Linguistics) No 2: ECHR 9 Feb 1967
The Claimants sought a declaration of incompatibility, under section 4 of HRA 1998, on the ground that the 2013 Act was incompatible with their rights under Article 6 and Article 1 of the First Protocol to the European Convention on Human Rights. Lang J [2014] EWHC 2182 (Admin), [2014] WLR(D) 420, [2015] 1 QB 573, … Continue reading Reilly (No 2) and Another, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 4 Jul 2014