Category: Benefits

Refugee Action, Regina (on The Application of) v The Secretary of State for The Home Department: Admn 9 Apr 2014

Application for judicial review of the Defendant’s decision that the level of support provided in cash to meet the essential living needs of asylum seekers for the financial year 2013/2014 should remain frozen at the rates which had applied since 2011.

Popplewell J
[2014] EWHC 1033 (Admin)
Bailii
England and Wales

Benefits, Immigration

Updated: 02 December 2021; Ref: scu.523638

Fratila and Another v Secretary of State for Work and Pensions: SC 1 Dec 2021

Compatibility with EU law of statutory provisions governing eligibility for various non-contributory benefits which were inserted into existing Regulations by the Social Security (Income-related Benefits) (Updating and Amendment) (EU Exit) Regulations 2019 (‘the 2019 Regulations’). In broad terms, the 2019 Regulations prevent leave to remain in the United Kingdom arising from pre-settled status granted under the EU Settlement Scheme (‘EUSS’) from constituting a qualifying right of residence for the purposes of eligibility for the relevant benefits. The case has been argued by reference to the amendment which the 2019 Regulations made to the Universal Credit Regulations 2013, which govern eligibility for universal credit. The 2019 Regulations also made analogous amendments to six other sets of Regulations, which relate to other benefits.

Lord Reed, President,
Lord Hodge, Deputy President,
Lord Lloyd-Jones,
Lord Sales,
Lord Hamblen
[2021] UKSC 53
Bailii, SC Sumnmary, Bailiii Issues and Facts
England and Wales

European, Benefits

Updated: 02 December 2021; Ref: scu.670250

I v Health Service Executive: ECJ 20 Mar 2014

ECJ Opinion – Coordination of social security systems – Articles 19 and 20 of Regulation (EC) No 883/2004 – Concepts of ‘stay’ and of ‘residence’ – Article 11 of Regulation (EC) No 987/2009 – Citizen residing in one Member State afflicted with a severe medical condition while holidaying in a second Member State – Stay in the second Member State for more than 11 years on account of that condition and the lack of treatment available in the first Member State

Wahl AG
C-255/13, [2014] EUECJ C-255/13, [2014] EUECJ C-255/13
Bailii, Bailii
Regulation (EC) No 883/2004 19 20

European, Benefits

Updated: 01 December 2021; Ref: scu.522649

Mahmoudi, Regina (on The Application of) v London Borough of Lewisham and Another: CA 6 Feb 2014

This case is concerned with the circumstances in which a disabled person may be entitled to housing benefit in relation to a short period of time before moving into a dwelling.

Maurice Kay, Elias, Tomlinson LJJ
[2014] EWCA Civ 284
Bailii
Housing Benefit Regulations 2006 7(8)
England and Wales

Benefits

Updated: 01 December 2021; Ref: scu.522498

Secretary of State for Work and Pensions v TR (DLA): UTAA 5 Dec 2013

(1) The claimant was entitled to, and entitled to be paid, the higher rate of the mobility component of Disability Living Allowance from 03 November 2009.
(2) The claimant was entitled from 03 November 2009 to the highest rate of the care component of Disability Living Allowance, but was not from 03 November 2009 entitled to be paid that component by virtue of regulation 9 of the Social Security (Disability Living Allowance) Regulations 1991.

[2013] UKUT 622 (AAC)
Bailii

Benefits

Updated: 01 December 2021; Ref: scu.522252

TD v Secretary of State for Work and Pensions and London Borough of Richmond-Upon-Thames (HB): UTAA 20 Dec 2013

Human rights law – article 10 (freedom of expression) – ‘ This appeal is concerned with the rule in the housing benefit that, in effect, allows a child in what I will term ‘an exactly equal shared care’ situation to count only as the child of one of his parents for housing benefit (and council tax benefit) purposes. ‘

[2013] UKUT 642 (AAC)
Bailii
Housing Benefit Regulations 2006 20(2)(a)
England and Wales

Benefits, Human Rights

Updated: 01 December 2021; Ref: scu.522255