Search Results for: Pensions Act 2004

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Office of Fair Trading and others v IBA Health Limited: CA 19 Feb 2004

The OFT had considered whether it was necessary to refer a merger between two companies to the Competition Commission, and decided against. The Competition Appeal Tribunal held that the proposed merger should have been referred. The OFT and parties appealed. Held: The Tribunal had misdirected itself as to one test. The statutory test required the … Continue reading Office of Fair Trading and others v IBA Health Limited: CA 19 Feb 2004

Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: CA 18 Jun 2003

The appellants were widowers whose wives had died at a time when the benefits a widow would have received were denied to widowers. The legislation had since changed but they variously sought compensation for the unpaid sums. Held: The appeal succeeded. By 1995 discrimination as to pensions was no longer supportable. And those appellants pursuing … Continue reading Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: CA 18 Jun 2003

Mote v Secretary of State for Work and Pensions and Another: CA 14 Dec 2007

The appellant was accused of having received income benefits to which he was not entitled. A prosecution was commenced and at the same time he appealed to the tribunal against the decision that there had been an overpayment. The authorities requested an adjournment pending the outcome of the criminal trial. The tribunal refused it. The … Continue reading Mote v Secretary of State for Work and Pensions and Another: CA 14 Dec 2007

Department for Work and Pensions v Courts: Admn 3 May 2006

The appellant challenged stays of proceedings by the respondent magistrates court for abuse of process infringing the defendants’ human right to a fair trial. The magistrates had fund that being faced with dismissal of a summary case through delay, the appellant had increased the charges adding allegations of dishonesty which had not been put to … Continue reading Department for Work and Pensions v Courts: Admn 3 May 2006

MB v Secretary of State for Work and Pensions: SC 5 Jul 2016

The court was asked about the age at which entitlement to a pension began for someone of transgender. Held: The court was divided, and the issue was referred to the European Court of Justice. Judges: Lady Hale, Deputy President, Lord Wilson, Lord Sumption, Lord Toulson, Lord Hodge Citations: [2016] UKSC 53, UKSC 2014/0220 Links: Bailii, … Continue reading MB v Secretary of State for Work and Pensions: SC 5 Jul 2016

Seifert v Pensions Ombudsman and others: CA 31 Jul 1997

The setting aside of part only of an Ombudsman’s determination is not sufficient of itself to justify a full costs order against him. The Ombudsman had not been represented on the appeal. Of the fact that the order had been varied: ‘But that is not a sufficient ground to order him to pay costs. The … Continue reading Seifert v Pensions Ombudsman and others: CA 31 Jul 1997

Prix v Secretary of State for Work and Pensions: SC 31 Oct 2012

The claimant had come from France to England, and worked as a teaching assistant. She set out on a course to train as a teacher but became pregnant, gave up the course, and eventually gave up work temporarily. Her claim to Income Support was refused on the basis that she was not a ‘worker’, and … Continue reading Prix v Secretary of State for Work and Pensions: SC 31 Oct 2012

Secretary of State for Work and Pensions v Nelligan: CA 15 Apr 2003

The claimant qualified potentially for a pension based upon her own Class B contributions, or a category A pension. The Class B pension and requested that it be backdated. Held: She could claim one pension but not both. The pension entitlement under the 1992 Act was dependent upon a claim being made. She could not … Continue reading Secretary of State for Work and Pensions v Nelligan: CA 15 Apr 2003

AON Trust Corporation Ltd v KPMG and others: ChD 29 Jul 2004

The defendant’s pension scheme had been set up by deed in 1949. The trustees argued that the firm had an obligation to make substantial additional contributions to ensure it was not underfunded. The defendants argued that it was a money purchase scheme. Held: Contributions were to be made by the employer and by its employees … Continue reading AON Trust Corporation Ltd v KPMG and others: ChD 29 Jul 2004

Regina (Barber) v Secretary of State for Work and Pensions: Admn 17 Jul 2002

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 … Continue reading Regina (Barber) v Secretary of State for Work and Pensions: Admn 17 Jul 2002

The Financial Services Authority v William Matthews Patricia Janet Matthews: ChD 21 Dec 2004

The Authority sought a finding that the respondents had infringed their duties in providing financial advice with respect to the moving of personal pensions and had failed to comply with an order an order for compensation. The defendants asserted that the award made was incorrect and infringed their human rights. Held: The parties had been … Continue reading The Financial Services Authority v William Matthews Patricia Janet Matthews: ChD 21 Dec 2004

C, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 1 Nov 2017

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

Department for Work and Pensions v Webley: CA 21 Dec 2004

The claimant had been employed on a fixed term contract. It was not renewed, and she claimed less favourable treatment under the regulations. She had been employed on a series of fixed term contracts, and there had been no criticism of her work. The Department appealed a finding against them on the preliminary issue as … Continue reading Department for Work and Pensions v Webley: CA 21 Dec 2004

Bloom and Others v The Pensions Regulator and Others; In re Nortel GMBH (in administration: CA 14 Oct 2011

‘These appeals raise important and difficult questions posed by the impact of legislation for the protection of pension funds upon companies which are undergoing an insolvency process.’ Judges: Laws, Lloyd, Rimer LJJ Citations: [2011] EWCA Civ 1124, [2012] BCC 83, [2012] 1 BCLC 248, [2012] BCLC 248, [2012] 1 All ER 1455, [2012] Bus LR … Continue reading Bloom and Others v The Pensions Regulator and Others; In re Nortel GMBH (in administration: CA 14 Oct 2011

Kola and Mirzajani v Secretary of State for Work and Pensions: CA 21 May 2004

Judges: Lord Justice Kennedy Lord Justice Parker Lord Justice Dyson Citations: [2004] EWCA Civ 638 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – 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 … Continue reading Kola and Mirzajani v Secretary of State for Work and Pensions: CA 21 May 2004

Brook Street Bureau (UK) Ltd v Dacas: CA 5 Mar 2004

The applicant cleaner sought compensation for unfair dismissal. The issue was whether she was an employee of the respondents, of their client where she did her work, or was not an employee at all. She worked for an agency, who sent her out to offices to work. The court was called upon to give guidance … Continue reading Brook Street Bureau (UK) Ltd v Dacas: CA 5 Mar 2004

Padden v Arbuthnot Pensions and Investments Ltd: CA 14 May 2004

Judges: Lord Justice Buxton Lord Justice Kennedy Lord Justice May Citations: [2004] EWCA Civ 582 Links: Bailii Jurisdiction: England and Wales Citing: Approved – Financial Services Authority v Rourke ChD 19-Oct-2001 The applicant sought a declaration that the defendant had acted in breach of the Act, in accepting sums by way of deposit, without being … Continue reading Padden v Arbuthnot Pensions and Investments Ltd: CA 14 May 2004

Secretary of State for Work and Pensions v Kehoe: CA 5 Mar 2004

The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself. Held: The denial of access to the courts under section 8 did not engage her civil rights. The Act … Continue reading Secretary of State for Work and Pensions v Kehoe: CA 5 Mar 2004

Regina (on the Application of Smith) v Secretary of State for Defence, Secretary of State for Work and Pensions: QBD 26 Jul 2004

The claimant was divorced from her husband, a member of the armed forces, and was to receive a share of his pension. She complained that although he had been able to take his share of the pension early, she had been obliged to wait. Held: There was no discrimination. The provisions fell within the ambit … Continue reading Regina (on the Application of Smith) v Secretary of State for Defence, Secretary of State for Work and Pensions: QBD 26 Jul 2004

Secretary of State for Work and Pensions v NZ (ESA) (Final Decision): UTAA 13 Aug 2019

European Union Law – Agreement On European Economic Area – The observations of the Supreme Court in SSWP v Gubeladze [2019] UKSC 31, holding that factual, not legal, residence is what Article 17(1)(a) of Directive 2004/38 requires, are equally applicable to Article 17(1)(b). Citations: [2019] UKUT 250 (AAC) Links: Bailii Jurisdiction: England and Wales Benefits … Continue reading Secretary of State for Work and Pensions v NZ (ESA) (Final Decision): UTAA 13 Aug 2019

Technocrats International Inc v Fredic Ltd: QBD 23 Nov 2004

The court was asked to consider the effectiveness of an unsigned assignment of a chose in action: ‘An assignment is only a legal assignment if it complies with s.136 of the 1925 Act. What that section requires is that there should be an ‘absolute assignment by writing under the hand of the assignor (not purporting … Continue reading Technocrats International Inc v Fredic Ltd: QBD 23 Nov 2004

Armitage v Staveley Industries Plc: ChD 18 Oct 2004

Pensions entitlement Judges: The Honourable Mr Justice Lewison Citations: [2004] EWHC 2320 (Ch) Links: Bailii Jurisdiction: England and Wales Citing: Cited – British Movietone News Limited v London and District Cinemas Limited HL 26-Jul-1951 Film distributors contracted to supply newsreels at a cinematic theatre. The contract was for a minimum of 26 weeks, and after … Continue reading Armitage v Staveley Industries Plc: ChD 18 Oct 2004

Pedro v Secretary of State for Work and Pensions: CA 14 Dec 2009

The claimant, an EU national, came to the UK to join her son. He had worked but became dependent on benefits. She sought payment of the State Pension. Held: A refusal to pay the pension would dissuade workers from moving around within the EU, and was therefore contrary to EU law and the Citizens Directive. … Continue reading Pedro v Secretary of State for Work and Pensions: CA 14 Dec 2009

Bloom and Others v The Pensions Regulator (Nortel, Re): ChD 10 Dec 2010

Applications for directions by the administrators of twenty companies in two groups, all raising the same common questions as to the effect of the Financial Support Direction regime created by the Pensions Act 2004 upon companies in administration or insolvent liquidation.Briggs J said that Lord Hoffmann’s speech in Toshoku established as ‘a general rule’ that: … Continue reading Bloom and Others v The Pensions Regulator (Nortel, Re): ChD 10 Dec 2010

Regina (Kehoe) v Secretary of State for Work and Pensions: QBD 16 May 2003

The applicant had been obliged under statute to have her claim for maintenance for her child pursued thorugh the Child Support Agency. She said that through the delay and otherwise, her claim had been lost. Held: The statute debarred the claimant pursuing her own remedies, and her human rights were therefore engaged. The inability to … Continue reading Regina (Kehoe) v Secretary of State for Work and Pensions: QBD 16 May 2003

Collins v Secretary of State for Work and Pensions: CA 4 Apr 2006

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

Farley v Secretary of State for Work and Pensions and Another: CA 25 Jan 2005

The Respondent had sought a liability order against the appellant, the non-resident parent in respect of child support maintenance arrears. The appellant had asked the magistrates to consider whether he was liable to pay child support maintenance, but they had declined. Held: The section prevented the magistrates enquiring as to the amount of arrears, but … Continue reading Farley v Secretary of State for Work and Pensions and Another: CA 25 Jan 2005

Malcolm v Mackenzie, Allied Dunbar Plc: CA 21 Dec 2004

The bankrupt complained that having been made bankrupt, his self-employed pension was subject to attachment by his trustee, but had he been a member of a company scheme the asset would not, and that this was discriminatory. Held: The differential treatment arose because contractual pension rights fell within a definition in the Act, and not … Continue reading Malcolm v Mackenzie, Allied Dunbar Plc: CA 21 Dec 2004

Hockenjos v Secretary of State for Social Security (No 2): CA 21 Dec 2004

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

Evans Dorothy, Regina v: CACD 6 Dec 2004

The defendant appealed her conviction for having breached a restraining order under the 1997 Act. The order required her not to be ‘abusive by words or actions’ towards her neighbour. She had regularly parked her car so as to block her neighbour’s visitors. She appealed saying there had been no case to answer. Held: ‘the … Continue reading Evans Dorothy, Regina v: CACD 6 Dec 2004

Pabari v Secretary of State for Work and Pensions-And-Nilesh Pabari: CA 10 Nov 2004

Housing Costs as part of child support assessment. The court considered the interpretation of the word ‘necessary’, saying that the Court must not qualify the word ‘necessary’ by reference to what might be regarded as reasonable. The word ‘necessary’ instead requires a high degree of exigency. Judges: Lord Justice Brooke Holman Mr Justice Holman Lord … Continue reading Pabari v Secretary of State for Work and Pensions-And-Nilesh Pabari: CA 10 Nov 2004

Secretary of State for Work and Pensions v M: CA 15 Oct 2004

M had challenged the Child Support Regulations saying that they discriminated against her. She was the liable parent, and in a monogomoud lesbian relationship. As such she said that she was treated worse than she would have been since the Regulations did not that her relationship as constituting a family. The Secretary of State appealed … Continue reading Secretary of State for Work and Pensions v M: CA 15 Oct 2004

Secretary of State for the Home Department v Hindawi and Headley: CA 13 Oct 2004

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

Morris, Regina (on the Application of) v Westminster City Council and Another: Admn 7 Oct 2004

The applicant questioned the compatibility of s185 of the 1996 Act with Human Rights law. The family sought emergency housing. The child of the family, found to be in priority housing need, was subject also to immigration control. Though the matter had been settled the court was invited to pursue the decision. Held: The Act … Continue reading Morris, Regina (on the Application of) v Westminster City Council and Another: Admn 7 Oct 2004

Khan v Royal Air Force Summary Appeal Court: Admn 7 Oct 2004

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

Rayner and Another v The Financial Services Authority: FSMT 6 Aug 2004

FSMT FSA: REGULATORY ACTION AGAINST INDIVIDUALS withdrawal of approval – prohibition order – fit and proper obligations under Pensions Review – importance of compliance disposal of assets without making proper provision for review – lack of integrity – proportionality of action – test to be applied Citations: [2004] UKFSM FSM009 Links: Bailii Financial Services Updated: … Continue reading Rayner and Another v The Financial Services Authority: FSMT 6 Aug 2004

Farley v Secretary of State for Work and Pensions: Admn 12 Jul 2004

The defendant and his wife were separated. The Child Support Agency assessed the contributions he was to make, and eventually pursued him in the magistrates court for arrears. The defendant argued that whilst the Act did prevent the magistrates looking at the amounts set to be payable, it was able to look at the fundamental … Continue reading Farley v Secretary of State for Work and Pensions: Admn 12 Jul 2004

Secretary of State for Trade and Industry v Frid: HL 13 May 2004

The company went into insolvent liquidation. The secretary of state was to make payments to employees and there were other state preferential creditors. At the same time a refund of VAT was due from the Commissioners of customs and Excise. Held: The sums paid out and preferential debts could be set off against the VAT … Continue reading Secretary of State for Trade and Industry v Frid: HL 13 May 2004

Campbell and others v South Northamptonshire District Council, Secretary of State for the Department for Work and Pensions: CA 7 Apr 2004

The claimants were members of the Jesus Fellowship church, living communally. Their claim for housing benefit was rejected on the basis that the payment made was not by way of a commercial rental. Held: The court could take into account the background of the payments in deciding whether the tenancy agreements were on a commercial … Continue reading Campbell and others v South Northamptonshire District Council, Secretary of State for the Department for Work and Pensions: CA 7 Apr 2004

Regina on the Application of PD v West Midlands and North West Mental Health Review Tribunal: CA 17 Mar 2004

The medical member of the review tribunal to which the appellant had applied for his discharge from detention under section 3 of the Mental Health Act 1983 who was a consultant psychiatrist was not disqualified from considering the appellant’s case because he was employed by the Mersey Care National Health Service Trust: ‘We consider that … Continue reading Regina on the Application of PD v West Midlands and North West Mental Health Review Tribunal: CA 17 Mar 2004

Bishop of Roman Catholic Diocese of Port Louis and Others v Suttyhudeo Tengur and Others: PC 3 Feb 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

Secretary of State for Defence v President of the Pension Appeal Tribunals (England and Wales): QBD 4 Feb 2004

The secretary appealed a decision of the Pensions Appeal Tribunal to set aside a decision of the Pensions Tribunal. The applicant had been awarded a service pension. Held: The PAT had no general power to set aside a decision of the tribunal for an irregularity. The rules provided for a right of appeal to the … Continue reading Secretary of State for Defence v President of the Pension Appeal Tribunals (England and Wales): QBD 4 Feb 2004

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 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

Professional Contractors’ Group and Others v Commissioners of Inland Revenue: CA 21 Dec 2001

Legislation had been enacted to tax under Schedule E, people employed through one man service companies and similar. Representatives of such taxpayers sought review of the legislation as incompatible with European law being a hindrance to the freedom of movement of workers and also state aid. The law set to catch those who would be … Continue reading Professional Contractors’ Group and Others v Commissioners of Inland Revenue: CA 21 Dec 2001

Regina (Amicus etc) v Secretary of State for Trade and Industry: Admn 26 Apr 2004

The claimants sought a declaration that part of the Regulations were invalid, and an infringement of their human rights. The Regulations sought to exempt church schools from an obligation not to discriminate against homosexual teachers. Held: The Regulation was within the scope of the Directive. Though a member state had some freedom in implementing a … Continue reading Regina (Amicus etc) v Secretary of State for Trade and Industry: Admn 26 Apr 2004

HC, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 Nov 2017

This appeal concerns the rights of so-called ‘Zambrano carers’ and their children to financial support from the state. The appellant, an Algerian national married and had children here, but was refused housing after the break up the marriage. HC challenged the legality of the Regulations, contending that the denial of mainstream welfare and housing provision … Continue reading HC, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 Nov 2017

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

Irving v Minister of Pensions: SCS 1945

Appeals were against decisions of Pensions Appeal Tribunals relating to claims for pensions in respect of death or disablement by war injuries. Article 4(1) of the Royal Warrant concerning Retired Pay, Pensions, etc dated December 1943 (Cmd 6489) provided that in no case was there to be an onus on any claimant to prove that … Continue reading Irving v Minister of Pensions: SCS 1945

MA and Others, Regina (on The Application of) v The Secretary of State for Work and Pensions: SC 9 Nov 2016

The appellants claimed housing benefit. They appealed against rejection of their claims that the imposition of limits to the maximum sums payable, ‘the bedroom tax’, was unlawful on equality grounds. The claimants either had disabilities, or lived with dependent family with disabilities, or live in what are known as ‘sanctuary scheme’ homes (accommodation specially adapted … Continue reading MA and Others, Regina (on The Application of) v The Secretary of State for Work and Pensions: SC 9 Nov 2016

Francis v Secretary of State for Work and Pensions: CA 10 Nov 2005

The applicant had sought payment of a ‘Sure Start’ maternity grant. She had obtained a residence order in respect of her sister’s baby daughter who had been taken into care. She said that a payment would have been made to the partner of a mother or an adopter, and that she should be similarly entitled. … Continue reading Francis v Secretary of State for Work and Pensions: CA 10 Nov 2005

Mathieson v Secretary of State for Work and Pensions: SC 8 Jul 2015

The claimant a boy of three in receipt of disability living allowance (‘DLA’) challenged (through his parents) the withdrawal of that benefit whilst he was in hospital for a period of more than 12 weeks. He had since died. Held: The appeal succeeded. The Regulations infringed the claimant’s rights because the evidence was that in … Continue reading Mathieson v Secretary of State for Work and Pensions: SC 8 Jul 2015

Regina on the Application of Davies (No 2) v HM Deputy Coroner for Birmingham: CA 27 Feb 2004

The claimant appealed against a costs order. She had previously appealed against an order of the High Court on her application for judicial review of the inquest held by the respondent. Held: The coroner, and others in a similar position should not generally be expected to pay the costs of an appeal against an order … Continue reading Regina on the Application of Davies (No 2) v HM Deputy Coroner for Birmingham: CA 27 Feb 2004

Sidabras and Dziautas v Lithuania: ECHR 27 Jul 2004

Former KGB officers had been banned from employment in a range of public and private sector jobs, including as lawyers, notaries, bank employees and in the teaching profession. They complained of infringement of Article 8 taken alone and also in conjunction with Article 14. The Government submitted that Article 8 was not applicable as it … Continue reading Sidabras and Dziautas v Lithuania: ECHR 27 Jul 2004

Langley v Bradford Metropolitan District Council and Secretary of State for Work and Pensions: CA 15 Oct 2004

It was discriminatory to treat differently homosexual and heterosexual couples when considering liability for child support payments. Sedley LJ: ‘The broad effect of the material provisions is to allocate the financial responsibility of separated parents for the maintenance of their children by pooling the absent parent’s income and outgoings with those of his or her … Continue reading Langley v Bradford Metropolitan District Council and Secretary of State for Work and Pensions: CA 15 Oct 2004

Gorringe v Calderdale Metropolitan Borough Council: HL 1 Apr 2004

Statutory Duty Not Extended by Common Law The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down. Held: The claim failed. The duty could not be extended to include … Continue reading Gorringe v Calderdale Metropolitan Borough Council: HL 1 Apr 2004

ITV Plc and Others v The Pensions Regulator With Box Clever Trustees Ltd As An Interested Party: UTTC 18 May 2018

PENSIONS REGULATOR – Financial support direction – pension scheme of joint venture company insufficiently resourced – jurisdiction – whether Targets connected with or an associate of the employer at the relevant time – yes – whether the legislation can be applied to events all of which occurred before legislation came into force – yes – … Continue reading ITV Plc and Others v The Pensions Regulator With Box Clever Trustees Ltd As An Interested Party: UTTC 18 May 2018

Secretary of State for Work and Pensions v Lassal: ECJ 11 May 2010

(European Citizenship) (Opinion) Directive 2004/38/EC Right of Union citizens to reside in the territory of the Member States Article 16(1) Right of permanent residence – Residence for a continuous period of five years Taking into account periods of time before expiry of the transposition period Retroactive effect Application of the conditions of a legal provision … Continue reading Secretary of State for Work and Pensions v Lassal: ECJ 11 May 2010

Moyna v Secretary of State for Work and Pensions: HL 31 Jul 2003

The appellant had applied for and been refused disability living allowance on the basis of being able to carry out certain cooking tasks. Held: The purpose of the ‘cooking test’ is not to ascertain whether the applicant can survive, or enjoy a reasonable diet, without assistance. It is a notional test, a thought-experiment, to calibrate … Continue reading Moyna v Secretary of State for Work and Pensions: HL 31 Jul 2003

Prefeta v Secretary of State for Work and Pensions: ECJ 28 Feb 2018

(Opinion) Reference for a preliminary ruling – Freedom of movement for persons – Article 45 TFEU – Chapter 2 of Annex XII to the 2003 Act concerning the conditions of accession – Possibility of derogation by the United Kingdom from Article 7(2) of Regulation (EU) No 492/2011 and from Article 7(3) of Directive 2004/38/EC – … Continue reading Prefeta v Secretary of State for Work and Pensions: ECJ 28 Feb 2018

The Secretary of State for Work and Pensions v Gubeladze: CA 7 Nov 2017

Appeal by the Secretary of State for Work against a decision that the respondent is entitled to state pension credit. The issues in this appeal concern the construction of the Directive governing the rights of Union citizens and the validity of certain domestic regulations applying to Latvian nationals working in the UK. Held: The appeal … Continue reading The Secretary of State for Work and Pensions v Gubeladze: CA 7 Nov 2017

Secretary of State for Work and Pensions v Gubeladze: SC 19 Jun 2019

The claimant had come from Latvia to the UK in 2008, but not registered under the Worker Registration Scheme until 2010. She now sought state pension credit. The SS appealed from a judgment that it was to calculate her entitlement to include her work before registration. It was additionally argued that a national measure adopted … Continue reading Secretary of State for Work and Pensions v Gubeladze: SC 19 Jun 2019

Mirga v Secretary of State for Work and Pensions, Samin v Westminster City Council: SC 27 Jan 2016

The claimants, a Polish national and an Austrian national, appealed against decisions of the Court of Appeal upholding decisions that they were not entitled to certain benefits, namely income support and housing assistance respectively, pursuant to the provisions of United Kingdom domestic law. Held: The claimants’ appeals failed. When she applied, Ms Mirga was not … Continue reading Mirga v Secretary of State for Work and Pensions, Samin v Westminster City Council: SC 27 Jan 2016

Prefeta v Secretary of State for Work and Pensions: ECJ 13 Sep 2018

Reference for a preliminary ruling – Freedom of movement for persons – Article 45 TFEU – 2003 Act of Accession – Chapter 2 of Annex XII – Whether a Member State may derogate from Article 7(2) of Regulation (EU) No 492/2011 and Article 7(3) of Directive 2004/38/EC – Polish national who has not completed a … Continue reading Prefeta v Secretary of State for Work and Pensions: ECJ 13 Sep 2018

Rowley and others v Secretary of State for Department of Work and Pensions: CA 19 Jun 2007

The claimants sought damages for alleged negligence of the defendant in the administration of the Child Support system. Held: The defendant in administering the statutory system owed no direct duty of care to those affected: ‘a common law duty of care owed by the Secretary of State to the claimants would be inconsistent with the … Continue reading Rowley and others v Secretary of State for Department of Work and Pensions: CA 19 Jun 2007

SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 18 Mar 2015

The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings of working households. The challenge was under the 1998 Act on the basis that … Continue reading SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 18 Mar 2015

RJM, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 22 Oct 2008

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

Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 5 May 2005

Widowers claimed that, in denying them benefits which would have been payable to widows, the Secretary of State had acted incompatibly with their rights under article 14 read with article 1 of Protocol 1 and article 8 of the ECHR. Held: The Secretary’s appeal succeeded. Section 6 of the 1998 Act permitted the discrimination as … Continue reading Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 5 May 2005

Secretary of State for Work and Pensions v M: HL 8 Mar 2006

The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than someone in a heterosexual relationship. Held: The claim failed. The regulations had now … Continue reading Secretary of State for Work and Pensions v M: HL 8 Mar 2006

Beynon and Partners v Customs and Excise: HL 25 Nov 2004

The House asked whether the personal administration of a drug such as a vaccine by an NHS doctor to a patient is a taxable supply for the purposes of value added tax. The provision of medical care in the exercise of the medical and paramedical professions should be exempt from VAT, but the supply of … Continue reading Beynon and Partners v Customs and Excise: HL 25 Nov 2004

Michel Van De Wiele Nv v The Pensions Regulator: UTTC 17 Jan 2011

CONTRIBUTION NOTICE under section 38 Pensions Act 2004 – revival of application to issue against person not referring decision of Determination Panel to Tribunal – not permitted – discussion of extent of admissibility of evidence and argument on referral to Tribunal. [2011] UKUT (FS) Bailii England and Wales Financial Services Updated: 26 January 2022; Ref: … Continue reading Michel Van De Wiele Nv v The Pensions Regulator: UTTC 17 Jan 2011

Pensionsversicherungsanstalt (Cessation D’Activite Apres L’Age Du Depart A La Retraite): ECJ 22 Jan 2020

Pension Rights For Migrant EU Citizens Freedom of Movement for Persons – Citizenship of The Union – Judgment – Reference for a preliminary ruling – Freedom of movement for persons – Citizenship of the Union – Right to move and reside freely in the territory of the Member States – Directive 2004/38/EC – Article 17(1)(a) … Continue reading Pensionsversicherungsanstalt (Cessation D’Activite Apres L’Age Du Depart A La Retraite): ECJ 22 Jan 2020

In re McKerr (Northern Ireland): HL 11 Mar 2004

The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under human rights law, but predated by many years the incorporation of … Continue reading In re McKerr (Northern Ireland): HL 11 Mar 2004

Secretary of State for Work and Pensions (AA) v AK (European Union Law : Council Regulations 1408/71/Eec and (Ec) 883/2004 ): UTAA 4 Mar 2015

As the decision of the First-tier Tribunal (made on 6 June 2014 at Liverpool under reference SC064/14/00236) involved the making of an error in point of law, it is SET ASIDE under section 12(2)(a) and (b)(ii) of the Tribunals, Courts and Enforcement Act 2007 and the decision is RE-MADE. The decision is: The claimant is … Continue reading Secretary of State for Work and Pensions (AA) v AK (European Union Law : Council Regulations 1408/71/Eec and (Ec) 883/2004 ): UTAA 4 Mar 2015

Hammond v The Secretary of State for Work and Pensions: EAT 28 Jul 2014

EAT Practice and Procedure : Costs – ET Order of Costs – Rule 41(2) ET Rules 2004 Where threshold crossed for Employment Tribunal costs jurisdiction to be engaged (as the Employment Judge was entitled to find here), it is still a matter of judicial discretion as to whether such an award should be made. In … Continue reading Hammond v The Secretary of State for Work and Pensions: EAT 28 Jul 2014

MB v Secretary of State for Work and Pensions: CA 31 Jul 2014

The appellant, a male to female transsexual, had remained married to her wife despite having the right to have the marriage annulled following the 2004 Act. She now appealed against rejection of her claim to a state pension on attaining the age of 60. She had not applied for a Gender Recognition Certificate because she … Continue reading MB v Secretary of State for Work and Pensions: CA 31 Jul 2014

Regina (Annette Carson) v Secretary of State for Work and Pensions: Admn 22 May 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

Brey v Pensionsversicherungsanstalt: ECJ 29 May 2013

ECJ (Opinion) Citizenship of the Union – Freedom of movement for persons – Article 7(1)(b) of Directive 2004/38/EC – Right of residence for a period longer than three months on the territory of another Member State – Persons having ceased their professional activity – Conditions for residence – Application for a special non-contributory cash benefit … Continue reading Brey v Pensionsversicherungsanstalt: ECJ 29 May 2013

Hinchy v Secretary of State for Work and Pensions: HL 3 Mar 2005

The applicant had been dependent upon income support, and had then come to receive Disability Living Allowance (DLA). She therefore received additional income support, but the office did not adjust that benefit down when her DLA stopped. The respondent sought repayment of the overpayment. The claimant said she had not understood the instructions. Held: The … Continue reading Hinchy v Secretary of State for Work and Pensions: HL 3 Mar 2005

Evans v Amicus Healthcare Ltd and others: CA 25 Jun 2004

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

Ghaidan v Godin-Mendoza: HL 21 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

Kehoe, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 14 Jul 2005

The applicant contended that the 1991 Act infringed her human rights in denying her access to court to obtain maintenance for her children. Held: The applicant had no substantive right to take part in the enforcement process in domestic law which is capable in Convention law of engaging the guarantees in it. ‘Sympathetic though one … Continue reading Kehoe, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 14 Jul 2005

Kaczmarek v Secretary of State for Work and Pensions: CA 27 Nov 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

Kerr v Department for Social Development (Northern Ireland): HL 6 May 2004

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

Ready Mixed Concrete Southeast Ltd v Minister of Pensions and National Insurance: QBD 8 Dec 1967

Contracts of service or for services In three cases appeals were heard against a finding as to whether a worker was entitled to have his employer pay National Insurance contributions on his behalf which would apply if he were an employee. He worked as an ‘owner-driver’ Held: The court asked what was the test of … Continue reading Ready Mixed Concrete Southeast Ltd v Minister of Pensions and National Insurance: QBD 8 Dec 1967

Patmalniece v Secretary of State for Work and Pensions: SC 16 Mar 2011

The claimant challenged as incompatible with EU law, the Regulations which restricted the entitlement to state pension credit to those entitled to reside in the UK. Held: The appeal failed (Majority). The conditions imposed by the Regulations were indirectly discriminatory. There was not an exact correspondence between the advantaged and disadvantaged groups and the protected … Continue reading Patmalniece v Secretary of State for Work and Pensions: SC 16 Mar 2011

S, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper: HL 22 Jul 2004

Police Retention of Suspects DNA and Fingerprints The claimants complained that their fingerprints and DNA records taken on arrest had been retained after discharge before trial, saying the retention of the samples infringed their right to private life. Held: The parts of DNA used for testing are not generally capable of revealing medical information about … Continue reading S, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper: HL 22 Jul 2004

Farley v Child Support Agency and Another; Farley v Secretary of State for Work and Pensions (No. 2): HL 28 Jun 2006

Magistrates were wrong to think they had a discretion to look at the validity of a liability assessment under child support legislation. The Act gave the payer alternative avenues of appeal, and therefore the Act should be read as it stated and the magistrates had no such jurisdiction. ‘section 33(4) precludes the justices from investigating … Continue reading Farley v Child Support Agency and Another; Farley v Secretary of State for Work and Pensions (No. 2): HL 28 Jun 2006

Timbrell v Secretary of State for Work and Pensions: CA 22 Jun 2010

The claimant had undertaken male to female treatment including surgery and lived as a woman, though continuing to live with her wife. She sought payment of a pension at 60, but was refused. The regulations required a gender recognition certificate issued under the 2004 Act, which in turn required that she divorce her wife. She … Continue reading Timbrell v Secretary of State for Work and Pensions: CA 22 Jun 2010

A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

Connors v The United Kingdom: ECHR 27 May 2004

The applicant gypsies had initially been permitted to locate their caravan on a piece of land owned by a local authority, but their right of occupation was brought to an end because the local authority considered that they were committing a nuisance. The local authority then successfully brought summary proceedings for possession, on the ground … Continue reading Connors v The United Kingdom: ECHR 27 May 2004