Category: Benefits

Carson and Others v The United Kingdom: ECHR 4 Nov 2008

(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 no objective or reasonable justification. The different conditions within the UK and outside could amount to a sufficient justification for any differences in payment. The level of payments was designed to support someone living under UK conditions and: ‘the state did not therefore exceed its very broad discretion to decide on matters of macro-economic policy by entering into such reciprocal arrangements with certain countries but not others.’
Only differences in treatment based on an identifiable characteristic, or ‘status’, are capable of amounting to discrimination within the meaning of Article 14.

L Garlicki, President, and Judges Sir Nicolas Bratza, G. Bonello, L. Mijovic, D. Thor Bjorgvinsson, L. Buanku and M. Poalelungi Deputy Section Registrar F. Araci
42184/05, [2008] ECHR 1194, [2008] ECHR 1223, Times 20-Nov-2008
Bailii, Bailii
European Convention on Human Rights 14
Human Rights
Citing:
At First Instance – 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 . .
At Court of Appeal – 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 . .
At House of Lords – Carson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same HL 26-May-2005
One claimant said that as a foreign resident pensioner, she had been excluded from the annual uprating of state retirement pension, and that this was an infringement of her human rights. Another complained at the lower levels of job-seeker’s . .
Cited – Stec and Others v United Kingdom ECHR 12-Apr-2006
(Grand Chamber) The claimants said that differences between the sexes in the payment of reduced earning allowances and retirement allowances were sex discrimination.
Held: The differences were not infringing sex discrimination. The differences . .
Cited – Burden and Burden v The United Kingdom ECHR 12-Dec-2006
Sisters,Together always not Discriminated Against
(Grand Chamber) The claimants were sisters who had lived together all their lives and owned property jointly. They complained that the Inheritance Tax regime treated them worse than it would a married couple, and was discriminatory.
Held: . .

Cited by:
Cited – Webster (the Parents) v Norfolk County Council and others CA 11-Feb-2009
Four brothers and sisters had been adopted after the parents had been found to have abused them. The parents now had expert evidence that the injuries may have been the result of scurvy, and sought leave to appeal.
Held: Leave was refused. . .
See Also – Carson and Others v The United Kingdom ECHR 16-Mar-2010
(Grand Chamber) The court ruled admissible claims against the United Kingdom by 13 persons entitled to British State pensions for violation of article 14 of the Convention in combination with article 1 of the First Protocol. All the claimants had . .
Cited – Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) SC 30-Jun-2010
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2.
Cited – Humphreys v Revenue and Customs SC 16-May-2012
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 . .
Cited – Eweida And Others v The United Kingdom ECHR 15-Jan-2013
Eweida_ukECHR2013
The named claimant had been employed by British Airways. She was a committed Christian and wished to wear a small crucifix on a chain around her neck. This breached the then dress code and she was dismissed. Her appeals had failed. Other claimants . .
Cited – The Church of Jesus Christ of Latter-Day Saints v United Kingdom ECHR 4-Mar-2014
latterdayECHR0314
The claimant said that it had been wrongfully deprived of relief from business rates for its two temples. It asserted that it was a religion, and that the treatment was discriminatory. The government said that the refusal was on the basis alone that . .
See Also – Carson and Others v United Kingdom ECHR 2-Sep-2009
Press Release . .
See Also – Carson v United Kingdom ECHR 2-Sep-2009
Press Release – Grand Chamber Hearing broadcast . .
Cited – 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 . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Benefits, Discrimination

Leading Case

Updated: 09 November 2021; Ref: scu.278144

Regina v National Insurance Commissioner, Ex parte Secretary of State for Social Services; In re Packer: CA 1981

Mrs Packer, a lady of eighty-three, claimed an attendance allowance under the Act of 1975 in respect of the cooking of her meals which she could not do herself. The Commissioner thought that eating was a bodily function and that cooking was so closely connected with it that it constituted ‘attention’ in connection with a bodily function. The judge thought cooking was itself a bodily function.
Held: The Court took a broader view of the meaning of bodily functions than those of merely eating and excreting: ”Bodily functions’ include breathing, hearing, seeing, eating, drinking, walking, sitting, sleeping, getting in or out of bed, dressing, undressing, eliminating waste products–and the like – all of which an ordinary person–who is not suffering from any disability–does for himself.’ and ‘To my mind the word ‘functions’ in its physiological or bodily sense connotes the normal action of any organs or set of organs of the body, and so the attention must be in connection with such normal actions.’ and ‘The word ‘attention’ itself indicates something more than personal service, something involving care, consideration and vigilance for the person being attended. The very word suggests a service of a close and intimate nature. And the phrase ‘attention . . in connection with . . bodily functions’ involves some service involving personal contact carried out in the presence of the disabled person.’

Lord Denning MR
[1981] 1 WLR 1017
England and Wales
Cited by:
Cited – Gregory Ramsden v The Secretary of State for Work and Pensions CA 31-Jan-2003
The claimant appealed against refusal of an award of the care component of Disability Living Allowance.
Held: It was not clear that the tribunal had properly applied the test laid down in Cockburn and the matter was remitted to be reheard . .
Cited – Cockburn v Chief Adjudication Officer and Another and Secretary of State for Social Services v Fairey HL 21-May-1997
The provision of an interpreter for a deaf person was included in range of care needed for attendance for Disability Living Allowance. Dealing with his soiled laundry was not so included: ‘In my opinion it is not enough to ask whether the act in . .
Approved – In re Woodling; Woodling v Secretary of State for Social Services HL 1984
The question of law was whether cooking meals was ‘attention in connection with bodily functions’ for the purpose of attendance allowance.
Held: Though courts are willing to give ‘bodily functions’ a fairly wide meaning, it did not include the . .
Mentioned – Cart v The Upper Tribunal SC 21-Jun-2011
Limitations to Judicial Reviw of Upper Tribunal
Three claimants sought to challenge decisions of various Upper Tribunals by way of judicial review. In each case the request for judicial review had been first refused on the basis that having been explicitly designated as higher courts, the proper . .
Cited – SL v Westminster City Council SC 9-May-2013
The applicant for assistance from the respondent Council under the 1948 Act was a destitute, homeless failed asylum seeker. He had been admitted to hospital for psychiatric care, but the Council had maintained that his condition was part of and . .

Lists of cited by and citing cases may be incomplete.

Benefits

Leading Case

Updated: 09 November 2021; Ref: scu.198684

Commission v United Kingdom C-308/14: ECJ 14 Jun 2016

ECJ (Judgment) Failure of a Member State to fulfil obligations – Coordination of social security systems – Regulation (EC) No 883/2004 – Article 4 – Equal treatment as regards access to social security benefits – Right of residence – Directive 2004/38/EC – National legislation under which child benefit and child tax credit are not granted to nationals of other Member States who do not have a right of lawful residence

[2016] WLR(D) 305, ECLI:EU:C:2016:436, [2016] EUECJ C-308/14
WLRD, Bailii
Regulation (EC) 883/2004, Directive 2004/38/EC
European

Benefits

Updated: 09 November 2021; Ref: scu.565602

Fahey v Plymouth Hospitals NHS Trust: EAT 23 Apr 2012

fahey_plymouthEAT2012

EAT UNLAWFUL DEDUCTION FROM WAGES
The Respondent deducted sums from the Claimant’s pay during her notice period in respect of incapacity benefit which it assumed she would be receiving. However, before the Tribunal the Respondent did not establish any statutory or contractual requirement or authority for the deductions (see section 13 of the Employment Rights Act 1996). Appeal allowed.

Richardson J
[2012] UKEAT 0391 – 11 – 2304
Bailii
Employment Rights Act 1996 13
England and Wales

Employment, Benefits

Updated: 09 November 2021; Ref: scu.459924

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

The appellant challenged the withdrawal of her benefits payments. She had applied for asylum, and been granted reduced rate income support. A decision was made refusing her claim, but that decision was, by policy, not communicated to her for several months, during which time her benefits were cancelled.
Held: The result was to leave the appellant in a Kafka-esque world where she was affected by a decision she was not told of, and which she could not challenge. The Act should be read so that the decision was deemed completed not merely when the decision was made, but also when that decision was communicated: ‘Notice of a decision is required before it can have the character of a determination with legal effect because the individual concerned must be in a position to challenge the decision in the courts if he or she wishes to do so. This is not a technical rule, it is simply an application of the right of access to justice.’ Exceptions to the need to general provide notice might be allowed in exceptional cases, perhaps in criminal matters, but otherwise it was necessary.
Lord Steyn pointed out: ‘the Convention is not an exhaustive statement of fundamental rights under our system of law. Lord Hoffmann’s dictum (in Ex p Simms) applies to fundamental rights beyond the four corners of the Convention.’

Lord Bingham of Cornhill, Lord Steyn, Lord Hoffmann, Lord Millett, Lord Scott of Foscote
[2003] UKHL 36, Times 27-Jun-2003, Gazette 04-Sep-2003, [2003] INLR 521, [2003] HRLR 31, [2003] Imm AR 570, [2004] 2 WLR 603, [2004] 1 AC 604, [2004] 1 All ER 833
House of Lords, Bailii
Asylum and Immigration Appeals Act 1993, Asylum and Immigration Act 1996, Asylum Appeals (Procedure) Rules 1996, Income Support (General) Regulations 1987 (SI 1987/1967) 70(3A)(b)(i), European Convention on Human Rights
England and Wales
Citing:
Appeal from – Anufrijeva v Secretary of State for the Home Department CA 22-Mar-2002
Three asylum-seekers brought claims of breach of their Article 8 rights. One complained of a local authority’s failure to provide accommodation to meet special needs, the other two of maladministration and delay in the handling of their asylum . .
Cited – Salem v Secretary of State for Home Department CA 6-Mar-1998
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 . .
Cited – 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 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 . .
Cited – Racke v Hauptzollamt Mainz (Judgment) ECJ 25-Jan-1979
A fundamental principle in the Community legal order requires that a measure adopted by the public authorities shall not be applicable to those concerned before they have the opportunity to make themselves acquainted with it. . .
Cited – Raymond v Honey HL 4-Mar-1981
The defendant prison governor had intercepted a prisoner’s letter to the Crown Office for the purpose of raising proceedings to have the governor committed for an alleged contempt of court.
Held: The governor was in contempt of court. Subject . .
At First Instance – Regina (on the Application of Anufrijeva) v Secretary of State for the Home Department and Another Admn 25-Oct-2001
. .
Cited – Regina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .

Cited by:
Cited – Lord, Regina (on the Application of) v Secretary of State for the Home Department Admn 1-Sep-2003
The claimant was a category A prisoner serving a sentence of life imprisonment for murder. He sought the reasons for his categorisation as a Class A prisoner. Unhappy at the disclosure made, he sought information under the 1998 Act. It was argued . .
Cited – Ali v The Head Teacher and Governors of Lord Grey School CA 29-Mar-2004
The student had been unlawfully excluded from school. The school had not complied with the procedural requirements imposed by the Act.
Held: Though the 1996 Act placed the responsibilty for exclusion upon the local authority, the head and . .
Cited – Andrews v Reading Borough Council QBD 29-Apr-2004
The claimant sought damages for increased road noise resulting from traffic control measures taken by the respondent.
Held: The defendants action to strike out the claim could not succeed. They had not shown that the claim was unarguable, . .
Cited – Van Colle v Hertfordshire Police QBD 10-Mar-2006
The claimants claimed for the estate of their murdered son. He had been waiting to give evidence in a criminal trial, and had asked the police for support having received threats. Other witnesses had also suffered intimidation including acts of . .
Cited – Murchison v Southend Magistrates’ Court Admn 24-Jan-2006
The defendant faced an accusation of having slapped a child in the street. The child’s carer had called the police to say that she thought the complaint a practical joke. The defendant did not give evidence. The magistrates retired and came back to . .
Cited – SK, Regina (on the Application of) v Secretary of State for the Home Department Admn 25-Jan-2008
The claimant was a Zimbabwean National who was to be removed from the country. He was unlawfully held in detention pending removal. He sought damages for false imprisonment. He had been held over a long period pending decisions in the courts on the . .
Cited – HM Treasury v Ahmed and Others SC 27-Jan-2010
The claimants objected to orders made freezing their assets under the 2006 Order, after being included in the Consolidated List of suspected members of terrorist organisations.
Held: The orders could not stand. Such orders were made by the . .
Cited – Medical Justice, Regina (on The Application of) v Secretary of State for The Home Department Admn 26-Jul-2010
The claimant, a charity assisting immigrants and asylum seekers, challenged a policy document regulating the access to the court of failed applicants facing removal. They said that the new policy, reducing the opportunity to appeal to 72 hours or . .
Cited – Lumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SC 12-Oct-2011
Standing to Claim under A1P1 ECHR
The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable . .

Lists of cited by and citing cases may be incomplete.

Immigration, Benefits, Administrative

Leading Case

Updated: 09 November 2021; Ref: scu.183878

Reilly (No 2) and Another, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 4 Jul 2014

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, [2015] 2 WLR 309
Bailii, WLRD
Human Rights Act 1998 4, Jobseekers (Back to Work Schemes) Act 2013, European Convention on Human Rights 6 A1 P1
England and Wales
Citing:
See Also – Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions Admn 6-Aug-2012
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 . .
See Also – Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions CA 12-Feb-2013
The claimants complained of the system where they were obliged to work for free to claim Jobseekers Allowance.
Held: The 2011 Regulations were required to specify the schemes under which the claimants were to claim. Instead, the regulations . .
See Also – Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions SC 30-Oct-2013
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 . .

Lists of cited by and citing cases may be incomplete.

Benefits, Human Rights

Updated: 09 November 2021; Ref: scu.533803

Garcia-Nieto And Others (Judgment): ECJ 25 Feb 2016

ECJ Judgment – Reference for a preliminary ruling – Freedom of movement of persons – Citizenship of the Union – Equal treatment – Directive 2004/38/EC – Article 24(2) – Social Assistance – Regulation (EC) No 883/2004 – Articles 4 and 70 – Special non-contributory cash benefits – Exclusion of nationals of a Member State during the first three months of residence in the host Member State

A Tizzano P
ECLI:EU:C:2016:114, [2016] EUECJ C-299/14, [2016] WLR(D) 99
Bailii, WLRD
Directive 2004/38/EC 24(2), Regulation (EC) No 883/2004 4 870
European

Benefits

Updated: 02 November 2021; Ref: scu.560483

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 characteristic, as some of those distinguished by their nationality were not disadvantaged, although others were.
A non-member state is not within the protection of articles 18 and 21(2) in any circumstances. Lady Hale said: ‘This is not a general prohibition of discrimination on grounds of nationality. Only the nationals of member states are protected. Discrimination against third country nationals is not prohibited. Indeed it is positively expected. The underlying purpose is to promote the objects of the Union and in particular the free movement of workers between the member states and the free establishment of businesses within them.’
However, Lord Walker dissenting, said that the discrimination was a proportionate response to the legitimate aim of protecting the UK public purse. This justification was independent of the claimant’s nationality, and the discrimination was justified.

Lord Hope, Deputy President, Lord Rodger, Lord Walker, Lady Hale, Lord Brown
[2011] UKSC 11, UKSC 2009/0177, [2011] AACR 34, [2011] 3 All ER 1, [2011] PTSR 680, [2011] 1 WLR 783
Bailii, Bailii Summary, SC Summary, SC
State Pension Credit Regulations 2002 (SI 2002/1792) 2, Council Regulation (EC) No 1408/71 3(1)
England and Wales
Citing:
At CA – Patmalniece v Secretary of State for Work and Pensions CA 25-Jun-2009
The appellant challenged the refusal of the grant to her of state pension credit.
Held: Her appeal failed. . .
Cited – Schnorbus v Land Hessen ECJ 7-Dec-2000
ECJ Equal treatment for men and women – Rules on access to practical legal training in Land Hesse – Priority for applicants who have completed military or civilian service
Jacobs AG said: ‘The discrimination . .
Cited – Bressol and Others, Chaverot and Others v Gouvernement de la Communaute francaise ECJ 25-Jun-2009
ECJ Opinion – Free Movement of Persons – Higher education Public health Numerus clausus Residence requirement Equal treatment Principle of non’discrimination Justifications
Sharpston AG said: ‘I take there . .
Cited – Zalewska v Department for Social Development HL 12-Nov-2008
(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 . .
Cited – Vera Hoeckx v Openbaar Centrum Voor Maatschappelijk Welzijn, Kalmthout ECJ 27-Mar-1985
Minimum means of subsistence – Concept of social advantage or benefit. General social benefits of a kind not listed in article 4(1) were held not to constitute a social security benefit within the meaning of Regulation 1408/71 . .
Cited – James v Eastleigh Borough Council HL 14-Jun-1990
Result Decides Dscrimination not Motive
The Council had allowed free entry to its swimming pools to those of pensionable age (ie women of 60 and men of 65). A 61 year old man successfully complained of sexual discrimination.
Held: The 1975 Act directly discriminated between men and . .
Cited – Borawitz v Landesversicherungsanstalt Westfalen ECJ 21-Sep-2000
(Free movement of persons) (Judgment) Social security for migrant workers – Equal treatment – National legislation fixing, in connection with the transfer abroad of retroactive pension payments, a higher minimum amount than that paid within the . .
Cited – Khalil, Chabaan, Osseili v Bundesantalt fir Arbeit ECJ 11-Oct-2001
(Social security for migrant workers) Social security – Article 51 of the EEC Treaty (later Article 51 of the EC Treaty and now, after amendment, Article 42 EC) – Article 2(1) of Regulation (EEC) No 1408/71 – Stateless persons – Refugees . .
Cited – Collins v Secretary of State for Work and Pensions ECJ 23-Mar-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 . .
Cited – Trojani v Centre public d’aide sociale de Bruxelles (CPAS) ECJ 7-Sep-2004
EAT Freedom of movement of persons – Citizenship of the European Union – Right of residence – Directive 90/364/EEC – Limitations and conditions – Person working in a hostel in return for benefits in kind – . .
Cited – Regina (Bidar) v Ealing London Borough Council and Another ECJ 15-Mar-2005
Europa (Grand Chamber of the Court of Justice of the European Union) Citizenship of the Union – Articles 12 EC and 18 EC – Assistance for students in the form of subsidised loans – Provision limiting the grant of . .
Cited – Hartmann v Freistaat Bayern ECJ 18-Jul-2007
Europa (Grand Chamber) (Free Movement Of Persons) Frontier worker Regulation (EEC) No 1612/68 Transfer of residence to another Member State Non-working spouse Child-raising allowance Not granted to spouse Social . .
Cited – Wood (Principles Of Community Law) ECJ 5-Jun-2008
ECJ Article 12 EC Discrimination on grounds of nationality Compensation awarded by the Fonds de garantie des victimes des actes de terrorisme et d’autres infractions Not included. . .
Cited – Rita Frilli v Belgian State ECJ 22-Jun-1972
Preliminary Questions – Guaranteed income for old people. . .
Cited – Roque v The Lieutenant Governor of Jersey ECJ 16-Jul-1998
(Judgment) Free movement of persons – Act of Accession 1972 – Protocol No 3 concerning the Channel Islands and the Isle of Man – Jersey . .
Cited – Abdirahman v Secretary of State for Work and Pensions CA 5-Jul-2007
The appellants were economically inactive EEA nationals who were lawfully present in the UK and who appealed against refusal of their claims for social security benefits under Articles 12 18.
Held: The appeal failed. For Art 12, the benefits . .
Cited – 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 . .

Cited by:
Cited – 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 . .
Cited – Bull and Another v Hall and Another SC 27-Nov-2013
The court was asked ‘Is it lawful for a Christian hotel keeper, who sincerely believes that sexual relations outside marriage are sinful, to refuse a double-bedded room to a same sex couple?’ The defendants (Mr and Mrs Bull) appealed against a . .
Cited – The United States of America v Nolan SC 21-Oct-2015
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed.
Cited – Taiwo and Another v Olaigbe and Others SC 22-Jun-2016
The claimants had been brought here illegally to act as servants for the defendants. They were taken advantage of and abused. They made several claims, but now appealed against rejection of their claims for discrimination. The court was asked . .

Lists of cited by and citing cases may be incomplete.

European, Benefits

Updated: 02 November 2021; Ref: scu.430602

Moseley, Regina (on The Application of) v London Borough of Haringey: SC 29 Oct 2014

Consultation requirements

The claimant challenged a decision of the respondent reducing the benefits under the Council Tax Reduction Scheme reducing Council Tax for those in need, saying that the Council’s consultation had been inadequate.
Held: The consultation was procedurally unfair because the consultation documentation gave a misleading impression in failing to mention other ways of absorbing the shortfall in funding which the proposed scheme was intended to meet.
Lord Reid said: ‘This case is . . concerned with a statutory duty of consultation. Such duties vary greatly depending on the particular provision in question, the particular context, and the purpose for which the consultation is to be carried out. The duty may, for example, arise before or after a proposal has been decided upon; it may be obligatory or may be at the discretion of the public authority; it may be restricted to particular consultees or may involve the general public; the identity of the consultees may be prescribed or may be left to the discretion of the public authority; the consultation may take the form of seeking views in writing, or holding public meetings; and so on and so forth. The content of a duty to consult can therefore vary greatly from one statutory context to another: ‘the nature and the object of consultation must be related to the circumstances which call for it’ . . Meaningful public participation in this particular decision-making process, in a context with which the general public cannot be expected to be familiar, requires that the consultees should be provided not only with information about the draft scheme, but also with an outline of the realistic alternatives, and an indication of the main reasons for the authority’s adoption of the draft scheme.’

Lady Hale, Deputy President, Lord Kerr, Lord Clarke, Lord Wilson, Lord Reed
[2014] UKSC 56, [2014] WLR(D) 486, [2014] 1 WLR 3947, UKSC 2013/0116, [2014] LGR 823, [2015] 1 All ER 495, [2014] PTSR 1317
Bailii, WLRD, Bailii Summary, SC Summary, SC
Welfare Reform Act 2012
England and Wales
Citing:
At first instance – M and S, Regina (on The Application of) v London Borough of Haringey Admn 7-Feb-2013
The claimants challenged changes to the system of housing benefits.
Held: The claims were dismissed. . .
Cited – Regina v Brent London Borough Council ex parte Gunning 1985
The demands of fair consultation procedures will vary from case to case and will depend on the factors involved. The requirements are: ‘First, that consultation must be at a time when proposals are still at a formative stage. Second, that the . .
Cited – Baker, Regina (on the Application of) v Devon County Council CA 21-Dec-1992
The plaintiffs appealed against orders dismissing claims for judicial review. They had challenged the intended closure of residential homes for old people. The plaintiffs said that there had been inadequate consultation, and the Councils argued that . .
Cited – Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor CA 16-Jul-1999
Consultation to be Early and Real Listening
The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were . .
Cited – Birkett v Acorn Business Machines Limited CA 16-Jul-1999
The parties had entered into a contract, which both knew was to be used to defraud a third party finance company. When one sued the other for breach, the court refused to order the contract to be enforced when he became aware of the fraud.
Cited – Osborn v The Parole Board SC 9-Oct-2013
Three prisoners raised questions as to the circumstances in which the Parole Board is required to hold an oral hearing before making an adverse decision. One of the appeals (Osborn) concerned a determinate sentence prisoner who was released on . .
Cited – Salat v Barutis CA 20-Nov-2013
The claimant had been knocked from his motor cyle by the defendant. He hired a replacement, but when he sought payment of the associated hire charges, the defendant said that the hire company had failed to comply with the 208 Regulations, and that . .
Cited – Royal Brompton and Harefield NHS Foundation Trust v Joint Committee of Primary Care Trusts and Another Admn 7-Nov-2011
The claimant, the Royal Brompton and Harefield NHS Foundation Trust sought to quash as flawed and unlawful a consultation by the first defendant concerning the reconfiguration of paediatric congenital cardiac services (PCCS) in England. . .
Cited – Royal Brompton and Harefield NHS Foundation Trust, Regina (on The Application of) v Joint Committee of Primary Care Trusts and Another CA 19-Apr-2012
The defendant appealed against a finding that its consultation over the rationalisation of pediatric cardiac surgical facilities had been defective and unlawful. . .
Cited – Fletcher v Minister of Town and Country Planning 1947
A local authority being consulted about the government’s proposed designation of Stevenage as a ‘new town’ would be likely to be able to respond satisfactorily to a presentation of less specificity than would members of the public, particularly . .
Cited – Nichol v Gateshead Metropolitan Borough Council CA 1988
Gateshead, confronted by a falling birth rate and therefore an inability to sustain a viable sixth form in all its secondary schools, decided to set up sixth form colleges instead. Local parents had failed to establish that Gateshead’s prior . .
Cited – The Mayor and Corporation of Port Louis v The Honourable Attorney General of Mauritiuis PC 27-Apr-1965
Meaningful public participation in a decision-making process, in a context with which the general public cannot be expected to be familiar, requires that the consultees should be provided not only with information about the draft scheme, but also . .
Cited – Medway Council and Kent County Council, Essex County Council, Mead; Fossett v Secretary of State for Transport Admn 26-Nov-2002
. .
Cited – BAPIO Action Ltd and Another, Regina (on the Application of) v Secretary of State for the Home Department and Another CA 9-Nov-2007
The action group appealed against refusal of a judicial review of guidelines as to the employment of non-EU doctors, saying that they were in effect immigration rules and issuable only under the 1971 Act. The court had said that since the guidance . .

Cited by:
Cited – Robson and Another, Regina (on The Application of) v Salford City Council CA 20-Jan-2015
The appellants, all severely disabled appealed against the refusal of their judicial review of the substantial withdrawal by the Council of a service providing them with transport to local day care facilities. They said that the council had failed . .

Lists of cited by and citing cases may be incomplete.

Administrative, Benefits

Leading Case

Updated: 02 November 2021; Ref: scu.538151

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 appealed (with the support of the respondent) against the refusal of the UTAAC to find that she met the requirements.
Held: The Richards case established that the UK law before the 2004 Act did not satisfy the Directive. The claimant had initially applied and been rejected before the 2004 Act. That application must be judged on the law as it stood. Richards said only that the should be changed, not how it should be changed. The law applicable at the time was discriminatory, and the respondent could not rely on that law to deny the claimant her rights.

Thorpe, Moore-Bick, Aikens LJJ
[2010] EWCA Civ 701, [2010] WLR (D) 155, [2010] Fam Law 921, [2010] Pens LR 245, [2010] 3 CMLR 42, [2010] ICR 1369, [2011] AACR 13
Bailii, WLRD
Gender Recognition Act 2004, Council Directive 79/7/ EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security
England and Wales
Citing:
Appeal from – (Un-named) Retirement pensions UTAA 12-Mar-2009
. .
Cited – Richards v Secretary of State for Work and Pensions (Social Policy) ECJ 27-Apr-2006
Ms Richards, previously a married male, had undergone gender re-assignment surgery. She remained married thereafter. Ms Richards applied to the DWP for a pension from the age of 60. That was refused by the Secretary of State for the Department of . .
Cited – Goodwin v The United Kingdom ECHR 11-Jul-2002
The claimant was a post operative male to female trans-sexual. She claimed that her human rights were infringed when she was still treated as a man for National Insurance contributions purposes, where she continued to make payments after the age at . .
Cited – Bellinger v Bellinger HL 10-Apr-2003
Transgendered Male/Female not to marry as Female
The parties had gone through a form of marriage, but Mrs B had previously undergone gender re-assignment surgery. Section 11(c) of the 1973 Act required a marriage to be between a male and a female. It was argued that the section was incompatible . .

Cited by:
Cited – M v Revenue and Customs FTTTx 30-Jul-2010
FTTTx National Insurance contributions – gender dysphoria – determination of pensionable age – whether possible to interpret ‘woman’ as including person with gender dysphoria living as a woman – whether directly . .

Lists of cited by and citing cases may be incomplete.

Benefits, Discrimination, European

Updated: 02 November 2021; Ref: scu.417108

Ahmed (Benefits: Proof of Receipt; Evidence) Bangladesh: UTIAC 26 Feb 2013

UTIAC (1) In an entry clearance case involving the issue of adequacy of maintenance, it will in general assist the First-tier Tribunal or, on appeal, the Upper Tribunal if, as part of the submission, a calculation is supplied which reflects the comparison between the applicant’s and sponsor’s combined projected income if the applicant for entry clearance were in the United Kingdom on the one hand and, on the other, the amount required to provide the maintenance at a level that can properly be called adequate.
(2) Income received and the projection for the figures which the applicant and sponsor have to be able to find should be expressed on a consistent and arithmetically accurate basis. Benefit is usually calculated on a weekly basis but is often paid fortnightly (employment support allowance and income support) or four-weekly (child benefit), while tax credits are calculated on a daily figure and paid in general weekly (child tax credit) or fortnightly (working tax credit). A month under the Gregorian calendar is not the same as four weeks and wrongly taking a four-week period of income as equating to a month risks a potentially significant detriment to an applicant for entry clearance.
(3) It is always essential that regard is had to the benefit rates applicable at relevant times; eg in entry clearance cases, the rates in force at the date of decision. The calculation of the benefit threshold figure is an academic exercise, but establishing the benefits which a sponsor and the applicant will actually be receiving on the applicant’s arrival is far from it. The most compelling evidence of receipt of income by way of social security is likely to be proof of receipt of funds into a person’s bank account. Notices of award are intrinsically less reliable. The position of tax credits is particularly complex.
(4) It would assist if entry clearance application forms were to include questions designed to elicit the information described above and if decisions of entry clearance officers included a calculation described in (1) above.

Storey, Peter Lane, Ward UTJJ
[2013] UKUT 84 (IAC)
Bailii
England and Wales

Immigration, Benefits

Leading Case

Updated: 02 November 2021; Ref: scu.472138

Secretary of State for Work and Pensions v Hughes (A Minor): CA 15 Jan 2004

[2004] EWCA Civ 16
Bailii
England and Wales
Cited by:
Cited – Secretary of State for Work and Pensions v Perkins and Another CA 17-Nov-2004
Mr Perkins was aged 87 years, and claimed housing benefit on the basis that his income was below the applicable level. His son sent him money regularly from Australia. He appealed refusal of benefit.
Held: The claimant maintained two accounts. . .

Lists of cited by and citing cases may be incomplete.

Benefits

Updated: 02 November 2021; Ref: scu.194127

SL v Westminster City Council: SC 9 May 2013

The applicant for assistance from the respondent Council under the 1948 Act was a destitute, homeless failed asylum seeker. He had been admitted to hospital for psychiatric care, but the Council had maintained that his condition was part of and derived from his destitution, and that they had no obligation to assist. He had failed at first instance but succeeded on appeal.
Held: The Council’s appeal succeeded. The three requirements for assistance were cumulative: He must be in need of care and attention, that need must arise from age, illness disability of otherwise, and the care and attention required must not be available otherwise than by the provision of accommodation. The last resort care from NASS was to be discounted. Care and attention must be doing something for a person which he could not be expected to do for himself, and did not include the provision of things or accommodation, but was otherwise included all forms of social care and practical assistance. The requirement for care was not to be linked to the provision of accommodation.
Looking at its duties under section 21(1)(a): ‘ there were two questions for the council: (1) was SL in need of care and attention? (2) if so, was that care and attention ‘available otherwise than by the provision of accommodation under section 21’? They answered the first in the negative, and the second in the affirmative. The issue for the courts, applying ordinary judicial review principles, was whether they were reasonably entitled to take that view. In agreement with the judge on both issues, I would hold that they were. ‘

Lord Neuberger P, Lady Hale, Lord Mance, Lord Kerr, Lord Carnwath
[2013] UKSC 27, [2013] 1 WLR 1445, [2013] PTSR 691, [2013] HLR 30, [2013] 3 All ER 191, [2013] BLGR 423
Bailii, Bailii Summary
National Assistance Act 1948
England and Wales
Citing:
Cited – In re Avtar Singh 25-Jul-1967
A Commonwealth citizen said he wanted to come to the UK so as to marry a girl here. He had no right at all to be admitted. The statute gave the immigration officers a complete discretion to refuse. The Lord Chief Justice held that they were under no . .
Cited – Huang v Secretary of State for the Home Department HL 21-Mar-2007
Appellate Roles – Human Rights – Families Split
The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own . .
At first instance – SL, Regina (on The Application of) v City of Westminster Council Admn 15-Nov-2010
Application for permission to seek judicial review of a decision in a letter from the Council’s solicitor, to refuse to accommodate the claimant pursuant to duties under section 21(1)(a) of the National Assistance Act 1948.
Held: The claim . .
Cited – Regina v Hammersmith and Fulham London Borough Council Ex Parte M etc CA 17-Feb-1997
The court recognised the potential role of local authorities under section 21(1)(a) in meeting the needs of those seeking asylum and otherwise, but having benefits withheld pending determination of their claims. Asylum seekers who had been excluded . .
Cited – M, Regina (on the Application of) v Slough Borough Council HL 30-Jul-2008
The House was asked ‘whether a local social services authority is obliged, under section 21(1)(a) of the 1948 Act, to arrange (and pay for) residential accommodation for a person subject to immigration control who is HIV positive but whose only . .
Cited – Adam, Regina (on the Application of) v Secretary of State for the Home Department; Limbuela v Same; Tesema v Same HL 3-Nov-2005
The applicants had each entered the UK with a view to seeking asylum, but having failed to seek asylum immediately, they had been refused any assistance, were not allowed to work and so had been left destitute. Each had claimed asylum on the day . .
Cited – Regina (Wahid) v The London Borough of Tower Hamlets Admn 23-Aug-2001
The applicant sought assistance under the National Assistance Act, in the form of housing. He suffered mental illness and was vulnerable. It was argued that the Act imposed a duty on the authority which was regardless of its budgetary limitations. . .
Cited – Adam, Regina (on the Application of) v Secretary of State for the Home Department; Limbuela v Same; Tesema v Same HL 3-Nov-2005
The applicants had each entered the UK with a view to seeking asylum, but having failed to seek asylum immediately, they had been refused any assistance, were not allowed to work and so had been left destitute. Each had claimed asylum on the day . .
Cited – Zarzour, Regina (On the Application of) v London Borough Of Hillingdon Admn 1-May-2009
The applicant was an asylum seeker awaiting a decision on his claim. He was totally blind, and needed help with dressing and laundry, with finding his way around his accommodation, and with shopping; he could not go out safely on his own.
Cited – Regina v National Insurance Commissioner, Ex parte Secretary of State for Social Services; In re Packer CA 1981
Mrs Packer, a lady of eighty-three, claimed an attendance allowance under the Act of 1975 in respect of the cooking of her meals which she could not do herself. The Commissioner thought that eating was a bodily function and that cooking was so . .
Cited – Regina (Zarzour) v Hillingdon London Borough Council CA 2009
The applicant Z awaited a decision on his asylum claim. He was blind, and needed help with dressing and laundry, with finding his way around his accommodation, and with shopping; he could not go out safely on his own. The judge upheld his claim to . .
Appeal from – SL v Westminster City Council and Others CA 10-Aug-2011
The claimant sought judicial review of the Council’s rejection of his request for assistance under the 1948 Act. He was a failed asylum seeker, who having been destitute, had become mentally ill.
Held: The applicant’s appeal succeeded. As to . .
Cited – SO, Regina (on The Application of) v London Borough of Barking and Dagenham CA 12-Oct-2010
The court was asked upon whom falls the financial burden of providing accommodation to an eighteen year old asylum seeker who is also a ‘former relevant child’, to the extent that his welfare requires it, where the asylum seeker is not in education . .

Lists of cited by and citing cases may be incomplete.

Benefits, Local Government, Immigration

Leading Case

Updated: 01 November 2021; Ref: scu.503502

Novitskaya v London Borough of Brent and Another: CA 1 Dec 2009

The claimant appealed refusal of her claim for arrears of housing benefit.
Held: The appeal was allowed. The claim had been defective in having been made informally, but ‘the distribution of benefits is different from many other areas of civil law. It is concerned not simply with recognising rights or enforcing liabilities but also with sustaining members of the community whom Parliament has decided should be sustained through the welfare state.
Accordingly, where provision is made for defective claims, the function of ‘a claim’ is not only to meet conditions on which some right to a benefit depends. It may have a lesser objective, namely that of placing the authority which is required to scrutinise a claim in a position to know that a claim for a particular benefit is being made.
Here the provision to allow defective claims placed in the authority a duty to scrutinise a claim to establish what claims were included. There was no need for a claimant always expressly to set out each benefit claimed.

Lord Justice Mummery, Lady Justice Arden and Lord Justice Elias
[2009] EWCA Civ 1260, Times 27-Jan-2010, [2009] NPC 137
Bailii
Housing Benefit (General) Regulations 1987
England and Wales
Citing:
Cited – Regina v Medical Appeal Tribunal (North Midland Region), Ex parte Hubble 1958
The claimant sought to receive money out of insurance funds fed by contributions from all employers, insured persons and the Exchequer. The procedure for determining whether the claimant is entitled to a disability benefit was said to be more like . .
Cited – Investors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
Account taken of circumstances wihout ambiguity
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . .
Cited – 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 . .
Cited – R(S) 1/63 SSC 1963
The claimant had written to make a claim under the Regulations: ‘I have received a letter about my National Insurance card. My card was lasted stamped by an employer on 4 July. I have not been employed since that date. Owing to illness I now have a . .
Cited – CG 3844/2006 SSC 2006
The tribunal considered whether an email asking for ‘information on whatever benefits I am entitled to’ amounted to a ‘claim’ for benefits.
Held: Commissioner Turnbull said: ‘In my judgment, and this is the crux of the case, the terms of the . .

Cited by:
Distinguished on facts – SG v HMRC (TC) UTAA 16-May-2011
Tax credits and family credit . .

Lists of cited by and citing cases may be incomplete.

Benefits

Updated: 01 November 2021; Ref: scu.381661

RF v Secretary of State for Work and Pensions: Admn 21 Dec 2017

Psychlogical condition no bar to benefits claim

The claimant challenged the exclusion of psychological distress as a ground for payment of certain personal Independence Payments.
Held: The claim was allowed. This was direct discrimination which was not objectively justified.

Mostyn J
[2017] EWHC 3375 (Admin), [2017] WLR(D) 861, [2018] PTSR 1147
Bailii, WLRD
Social Security (Personal Independence Payment) (Amendment) Regulations 2017 2(4), European Convention on Human Rights 14
England and Wales

Health, Benefits, Human Rights

Updated: 01 November 2021; Ref: scu.602595

Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions: CA 12 Feb 2013

The claimants complained of the system where they were obliged to work for free to claim Jobseekers Allowance.
Held: The 2011 Regulations were required to specify the schemes under which the claimants were to claim. Instead, the regulations had named a scheme of work and the details of it were set out elsewhere. This did not satisfy the requirements of the enabling Act, and the Regulations were to that limited extent unlawful: ‘Simply to give a scheme a name cannot, in context, be treated as a prescribed description of a scheme in which claimants may be required to participate, within section 17A(1). ‘
The challenge based on the alleged breach of article 492) of the Convention failed. Provided the arrangements made serve the statutory purpose stated in section 17A, they need not infringe article 4.
Sir Stanley Burnton discussed the need for Regulations to be available to the public: ‘Where Parliament in a statute has required that something be prescribed in delegated legislation, it envisages, and I think requires, that the delegated legislation adds something to what is contained in the primary legislation. There is otherwise no point in the requirement that the matter in question be prescribed in delegated legislation. However, the description of the Employment, Skills and Enterprise Scheme in the 2011 Regulations adds nothing to the description of such schemes in the Act . . In effect, the Secretary of State contends that any scheme he creates is a scheme within the meaning of section 17A notwithstanding that it is not described in any regulations made under the Act. Furthermore, it is not possible to identify any provision of the Regulations that can be said to satisfy the requirement that the description be ‘determined in accordance with’ the Regulations . . Description of a scheme in regulations is important from the point of view of Parliamentary oversight of the work of the administration. It is also important in enabling those who are required to participate in a scheme, or at least those advising them, to ascertain whether the requirement has been made in accordance with Parliamentary authority . .’

Pill, Black, LJJ, Sir Stanley Burnton
[2013] WLR(D) 55, [2013] EWCA Civ 66, [2013] 3 All ER 67, [2013] 1 WLR 2239
Bailii, WLRD
Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011 4(2), Jobseekers Act 1995 17A, Jobseeker’s Allowance Regulations 1996, European Convention on Human Rights 4(2)
England and Wales
Citing:
Appeal from – Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions Admn 6-Aug-2012
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 . .
Cited – Van Der Mussele v Belgium ECHR 23-Nov-1983
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 . .

Cited by:
Appeal from – Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions SC 30-Oct-2013
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 . .
See Also – Reilly (No 2) and Another, Regina (on The Application of) v Secretary of State for Work and Pensions Admn 4-Jul-2014
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. . .

Lists of cited by and citing cases may be incomplete.

Benefits, Human Rights

Leading Case

Updated: 01 November 2021; Ref: scu.470944

Gargett, Regina (on the Application of) v London Borough of Lambeth: CA 18 Dec 2008

The applicant was an assured tenant receiving housing benefits. Her rent was increased to a level above what would normally be covered by benefits. She failed to notify the local authority. The court was asked whether local authorities may exercise their power to make Discretionary Housing Payments (DHPs) by paying arrears of rent, if the applicant is currently in receipt of full housing benefit and council tax benefit. The respondent council said it had no discretion to make such a payment.
Held: The tenant’s appeal succeeded. The regulations did not impose the limit contended for by the Council. The cap on payments applied only by reference to payments in Regulation 12(1) of the 2006 regulations.

Mummery LJ, Wall LJ, Toulson LJ
[2008] EWCA Civ 1450
Bailii, Times
Discretionary Financial Assistance Regulations 2001 2 3, Child Support, Pensions and Social Security Act 2000 69, Housing Benefit Regulations 2006 12(1)
England and Wales
Citing:
Appeal from – Gargett, Regina (on the Application of) v London Borough of Lambeth Admn 8-Apr-2008
The tenant applicant said that the authority had a power to make a discretionary housing payment to cover arrears of rent incurred after an increase. . .

Lists of cited by and citing cases may be incomplete.

Benefits, Housing

Updated: 01 November 2021; Ref: scu.278949

Dennison, Regina (on The Application of) v Bradford Districts Clinical Commissioning Group: Admn 23 Jul 2014

The claimant, for the estate of his mother, said that before her death she had been charged for nursing care when, had her assessment been made, the costs would have been met by the respondent.
Held: As to part of the period, there was no basis for review, but as to others, there was, and the assessment for th erequisite period was to be re-examined and detrmined accordingly.

William Davis J
[2014] EWHC 2552 (Admin)
Bailii
England and Wales

Health, Benefits

Updated: 01 November 2021; Ref: scu.535256

Regina v Lancaster: CACD 2 Mar 2010

Whether Ommission Significant on Benefits Claim

The defendant appealed against his conviction for false accounting. He had been claiming council tax benefit and housing benefit, but had failed to notify the council of a change in his circumstances.
Held: The appeal failed. The court considered that the phrase ‘omits a material particular’ in the section referred to an omisssion where the resulting document could mislead in a way which was significant, and ‘Whether the omission is significant will depend on the nature of the document and the context. The test is objective, although it would not be helpful to the jury to use that term. A less lawyerish way of expressing it is to say that it is for the jury to judge for themselves, on the particular facts of the case, whether they regard the omission as significant.’

Lord Justice Toulson, Mr Justice Cox and Judge Barker, QC
[2010] EWCA Crim 370, [2010] WLR (D) 63, [2010] Crim LR 776, [2010] 3 All ER 402, [2010] 2 Cr App R 7, [2010] 1 WLR 2558, [2010] HLR 40
Bailii, Times, WLRD
Theft Act 1968 17
England and Wales
Citing:
Cited – Regina v Mallett CACD 1978
The defendant car dealer had made out and used a hire-purchase agreement form which falsely stated that the hirer had been a company director for a named company for several years. Relying on the information, a finance company financed the . .
Cited – Osinuga v Director of Public Prosecutions QBD 26-Nov-1997
False information which was provided in a Housing Benefit application form would be used in accounting and constitutes false accounting. . .
Distinguished – Passmore, Regina v CACD 18-Jun-2007
P was claiming housing and council tax benefit. He had been convicted of dishonestly failing to give prompt notification of ‘a change of circumstances affecting any entitlement of his to any benefit or other payment or advantage under the relevant . .

Lists of cited by and citing cases may be incomplete.

Crime, Benefits

Leading Case

Updated: 01 November 2021; Ref: scu.401976

M, Regina (on the Application of) v Slough Borough Council: HL 30 Jul 2008

The House was asked ‘whether a local social services authority is obliged, under section 21(1)(a) of the 1948 Act, to arrange (and pay for) residential accommodation for a person subject to immigration control who is HIV positive but whose only needs, other than for a home and subsistence, are for medication prescribed by his doctor and a refrigerator in which to keep it.’
Held: The Council’s appeal succeeded. ‘the natural and ordinary meaning of the words ‘care and attention’ in this context is ‘looking after’. Looking after means doing something for the person being cared for which he cannot or should not be expected to do for himself: it might be household tasks which an old person can no longer perform or can only perform with great difficulty; it might be protection from risks which a mentally disabled person cannot perceive; it might be personal care, such as feeding, washing or toileting. This is not an exhaustive list. The provision of medical care is expressly excluded. ‘ The claimant’s medical care was being provided by the NHS.

Lord Bingham of Cornhill, Lord Scott of Foscote, Baroness Hale of Richmond, Lord Brown of Eaton-under-Heywood, Lord Neuberger of Abbotsbury
[2008] UKHL 52, [2008] 1 WLR 1808, [2008] BLGR 871, (2008) 11 CCL Rep 733, [2008] 4 All ER 831, [2008] NPC 94, [2008] HLR 44
Bailii, Times, HL
National Assistance Act 1948 21(1)(a)
England and Wales
Citing:
At First Instance – M, Regina (on the Application of) v Slough Borough Council Admn 27-Apr-2004
The claimant, a Zimbabwean, was subject to immigration control. He was HIV positive, and sought assistance from the authority under the 1948 Act. The authority replied that his needs did not reach such a level as to require assistance under the . .
Appeal from – Slough Borough Council v M, Regina (on the Application Of) CA 25-May-2006
The claimant was subject to immigration control. He sought assistance under the 1948 Act on the basis that he suffered HIV. The authority appealed an order requiring them to provide assistance on the basis that he need for medication brought him . .
Cited – Westminster City Council v National Asylum Support Service HL 17-Oct-2002
The applicant sought assistance from the local authority. He suffered from spinal myeloma, was destitute and an asylum seeker.
Held: Although the Act had withdrawn the obligation to provide assistance for many asylum seekers, those who were . .
Cited – Steane v Chief Adjudication Officer and Another HL 8-Aug-1996
Since no payments had been made by the Local Authority for care, a care home resident was entitled to claim Attendance Allowance.
Occupant of residential home paying charges himself may get attendance allowance. . .
Cited – Chief Adjudication Officer and Another v Quinn (For Jane Harris) and Another HL 9-Oct-1996
LT Applicable amount – local authority accommodation leased to voluntary organisations – whether claimants are ‘persons in residential accommodation’ or are living in ‘residential care homes’ . .
Cited – Regina v Wandsworth London Borough Council Ex Parte Beckwith HL 15-Dec-1995
The applicants had contended that Wandsworth was under a duty to maintain some accommodation for the elderly in premises under its own management.
Held: The applicants claim failed. Local Authorities may provide all care for elderly by outside . .
Cited – Regina v Wandsworth London Borough Council, Ex Parte O; Leicester City Council, Ex Parte Bhikha CA 7-Sep-2000
The applicants were immigrants awaiting determination of their applications for exceptional leave to remain, and who came to suffer from serious illness. Each applied for and was refused assistance from their local authority.
Held: The . .
Cited – 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 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 . .
Cited – Regina v Kensington and Chelsea Royal London Borough Ex Parte Kihara; Similar CA 25-Jun-1996
Four asylum seekers had been deprived of benefits, and left destitute. They had sought housing assistance from the authority, claiming that the complete absence of resources left to them was an ‘other special reason’ leaving them vulnerable within . .
Cited – Regina v Hammersmith and Fulham London Borough Council, ex parte M; Regina v Similar Ex Parte P etc QBD 8-Oct-1996
Destitute asylum seekers who were not entitled to welfare benefits could be in need of care and attention within the meaning of section 21 of the 1948 Act although they were no longer entitled to housing assistance or other social security benefits . .
Cited – Adam, Regina (on the Application of) v Secretary of State for the Home Department; Limbuela v Same; Tesema v Same HL 3-Nov-2005
The applicants had each entered the UK with a view to seeking asylum, but having failed to seek asylum immediately, they had been refused any assistance, were not allowed to work and so had been left destitute. Each had claimed asylum on the day . .
Cited – Wahid v London Borough of Tower Hamlets CA 7-Mar-2002
Gilliatt The appellant suffered from schizophrenia. He was refused permission to apply for judicial review and for orders requiring the local authority not just to provide suitable accommodation but better . .
Cited – Regina (on the Application of Mani) v London Borough of Lambeth CA 9-Jul-2003
Where a destitute and disabled asylum seeker had a clear need for care and attention, the local authority had a duty to provide it. The claimant was an asylum seeker, with impaired mobility and a history of mental halth difficulties. At first he was . .

Cited by:
Cited – SL v Westminster City Council SC 9-May-2013
The applicant for assistance from the respondent Council under the 1948 Act was a destitute, homeless failed asylum seeker. He had been admitted to hospital for psychiatric care, but the Council had maintained that his condition was part of and . .
Cited – Hotak and Others v London Borough of Southwark and Another SC 13-May-2015
The court was asked as to the duty of local housing authorities towards homeless people who claim to be ‘vulnerable’, and therefore to have ‘a priority need’ for the provision of housing accommodation under Part VII of the Housing Act 1996. Those . .

Lists of cited by and citing cases may be incomplete.

Benefits, Immigration

Updated: 01 November 2021; Ref: scu.271278

James v Eastleigh Borough Council: HL 14 Jun 1990

Result Decides Dscrimination not Motive

The Council had allowed free entry to its swimming pools to those of pensionable age (ie women of 60 and men of 65). A 61 year old man successfully complained of sexual discrimination.
Held: The 1975 Act directly discriminated between men and women by treating women more favourably on the ground of their sex; the test to be applied was objective, and if, applying it, the answer would have been that the plaintiff would have received the same treatment but for his sex there was direct discrimination. A benign motive was irrelevant.
The policy was discriminatory. ‘The fallacy, with all respect, which underlies and vitiates [the Court of Appeal’s reasoning] was a failure to recognise that the statutory pensionable age, being fixed at 60 for women and 65 for men, is itself a criterion which directly discriminates against men and women in that it treats women more favourably than men ‘on the ground of their sex’. The expression ‘pensionable age’ is no more than a convenient shorthand expression which refers to the age of 60 in a woman and the age of 65 in a man. In considering whether there has been discrimination against a man ‘on the ground of his sex’ it cannot possibly make any difference whether the alleged discriminator uses the shorthand expression or spells out its full meaning.’ Discrimination contrary to the Sex Discrimination Act 1975 did not require an intention to discriminate on the grounds of sex and was not excused by a motive of conferring a benefit.
There are some actions which are inherently discriminatory. The criterion applied for entry to the swimming pool was such a criterion, and it was unnecessary to enquire as to ‘the reason why’ an alleged discriminator has acted as he or she did. (Lord Griffiths dissenting)

Lord Bridge, Lord Goff of Chieveley
[1990] 3 WLR 55, [1990] 2 AC 751, [1990] 2 All ER 607, [1990] ICR 554, [1990] UKHL 6, [1990] IRLR 288
Bailii
Sex Discrimination Act 1975, Social Security Act 1975
England and Wales
Citing:
Appeal from – James v Eastleigh Borough Council CA 1985
The plaintiff was used to going swimming. He was 60. He complained that whereas his wife, of the same age was admitted free, he had had to pay .75p. He claimed sex discrimination.
Held: Though his claim failed, Sir Nicolas Browne-Wilkinson V-C . .
Cited – Regina v Birmingham City Council ex parte Equal Opportunities Commission HL 1989
At the council’s independent, single-sex grammar schools there were more places available for boys than girls. Consequently the council were obliged to set a higher pass mark for girls than boys in the grammar school entrance examination.
Cited – Regina v Commission for Racial Equality (ex parte Westminster City Council) QBD 1984
The council had dismissed a black road sweeper to whose appointment the trade union objected on racial grounds.
Held: The council’s motive for doing so, to avert industrial action, could not avail them. Woolf J said: ‘In this case although the . .
Cited – Regina v Moloney HL 21-Mar-1984
The defendant appealed against his conviction for murder.
Held: The appeal was allowed and a conviction for manslaughter substituted.
Lord Bridge of Harwich discussed the case of Hyam: ‘But looking on their facts at the decided cases . .

Cited by:
Cited – European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another CA 20-May-2003
A scheme had been introduced to arrange pre-entry clearance for visitors to the United Kingdom by posting of immigration officers in the Czech Republic. The claimants argued that the system was discriminatory, because Roma visitors were now . .
Cited – MacDonald v Advocate General for Scotland (Scotland); Pearce v Governing Body of Mayfield School HL 19-Jun-2003
Three appeals raised issues about the way in which sex discrimination laws were to be applied for cases involving sexual orientation.
Held: The court should start by asking what gave rise to the act complained of. In this case it was the . .
Cited – Ashton v The Chief Constable of West Mercia Constabulary EAT 27-Jul-2000
Where a dismissal was properly related to poor work performance, the fact that such a deterioration in performance was associated with a gender reassignment process being undergone by the employee, did not make the dismissal sex discrimination. To . .
Cited – Ahsan v Carter CA 28-Jul-2005
The claimant sought to assert race discrimination by the Labour Party in not selecting him as a political candidate. The defendant, chairman of the party appealed.
Held: A political party when selecting candidates was not acting as a . .
Cited – A C Redfearn v Serco Ltd T/A West Yorkshire Transport Service EAT 27-Jul-2005
The claimant said that he had been indirectly discriminated against on racial grounds. He was dismissed after being elected as a local councillor for the BNP. The employer considered that for Health and Safety reasons, his dismissal was necessary . .
Cited – Mohammed, Regina (on the Application of) v Secretary of State for Defence CA 1-May-2007
In 2000, the defendant introduced a policy to make compensation payments for those British services personnel who had been imprisoned by the Japanese in the second world war. The appellant, a citizen of Pakistan had served in the Indian Army, was . .
Cited – London Borough of Lewisham v Malcolm and Disability Rights Commission CA 25-Jul-2007
The court was asked, whether asked to grant possession against a disabled tenant where the grounds for possession were mandatory. The defendant was a secure tenant with a history of psychiatric disability. He had set out to buy his flat, but the . .
Cited – Amnesty International v Ahmed EAT 13-Aug-2009
amnesty_ahmedEAT2009
EAT RACE DISCRIMINATION – Direct discrimination
RACE DISCRIMINATION – Indirect discrimination
RACE DISCRIMINATION – Protected by s. 41
UNFAIR DISMISSAL – Constructive dismissal
Claimant, of . .
Cited – E, Regina (On the Application of) v The Governing Body of JFS and Another CA 25-Jun-2009
E challenged the admissions policy of a school which admitted by preference children acknowledged to be Jewish by the Office of their Rabbi. His mother being Jewish by conversion in a progressive synagogue, E was excluded. The claimant suggested . .
Cited – E, Regina (on The Application of) v Governing Body of JFS and Another SC 16-Dec-2009
E complained that his exclusion from admission to the school had been racially discriminatory. The school applied an Orthodox Jewish religious test which did not count him as Jewish because of his family history.
Held: The school’s appeal . .
Cited – Fecitt and Others v NHS Manchester EAT 23-Nov-2010
EAT VICTIMISATION DISCRIMINATION – Protected disclosure
S.47B of the Employment Rights Act 1996 provides that ‘A worker has the right not to be subjected to any detriment by any act, or any deliberate . .
Cited – Conteh v Parking Partners Ltd EAT 17-Dec-2010
EAT HARASSMENT – Conduct
Where an employee worked in an environment in which her dignity was violated, or which became intimidatory, hostile, degrading, humiliating or offensive as a result of actions of . .
Cited – Stewart v Secretary of State for Work and Pensions CA 29-Jul-2011
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 . .
Cited – Bull and Bull v Hall and Preddy CA 10-Feb-2012
The appellants owned a guesthouse. They appealed from being found in breach of the Regulations. They had declined to honour a booking by the respondents of a room upon learning that they were a homosexual couple. The appellants had said that they . .
Cited – Bull and Another v Hall and Another SC 27-Nov-2013
The court was asked ‘Is it lawful for a Christian hotel keeper, who sincerely believes that sexual relations outside marriage are sinful, to refuse a double-bedded room to a same sex couple?’ The defendants (Mr and Mrs Bull) appealed against a . .
Cited – 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 . .
Cited – Essop and Others v Home Office (UK Border Agency) SC 5-Apr-2017
The appellants alleged indirect race and belief discrimination in the conditions of their employment by the respondent. Essop came as lead claimant challenging the tests used for promotion. Statistics showed lower pass rates for BME candidates, but . .
Cited – Coll, Regina (on The Application of) v Secretary of State for Justice SC 24-May-2017
The appellant female prisoner asserted that the much smaller number of probation and bail hostels provided for women prisoners when released on licence was discriminatory in leaving greater numbers of women far removed from their families.
Discrimination, Benefits

Leading Case

Updated: 01 November 2021; Ref: scu.182467

REW, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 13 Jun 2008

The claimant sought permission to bring judicial review of decisions of the Child Support Agency. He said that his payments should have been reduced for a period when he was in receipt of job seeker’s allowance. A liability order had been made against him, but for a later period.
Held: Leave was refused. The admission that the liability order related to a different period meant that the decision to enforce the liability order was not reviewable. Nevertheless the court considered the responsibility of different sections of the same department to take account of decisions about the same person. The Agency said that by the time it became aware of the payment of benefits, the 1991 Act precluded it from making a re-assessment. This was correct.

Andrew Nichol QC J
[2008] EWHC 2120 (Admin)
Bailii
Child Support Act 1991 16 17
England and Wales
Citing:
Cited – 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 . .
Cited – 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 . .

Lists of cited by and citing cases may be incomplete.

Child Support, Benefits

Leading Case

Updated: 01 November 2021; Ref: scu.276233

Secretary of State for Work and Pensions v Deane: CA 23 Jun 2010

Care Allowance withheld for full time student

The claimant cared for her daughter but then commenced a university degree course. Being in full time education, her entitlement to Invalid Care Allowance was withheld. The Secretary of State appealed against a re-instatement of the benefit.
Held: The SS’s appeal succeeded. In deciding whether the claimant was in full time education it was not correct to refer simply to the hours of attendance. Where a course is described as full-time there might be a presumption that the claimant was in full-time education. The court must allow for exceptions, for example where the student was granted exemptions from part of the course. The tribunal’s task was, having examined what was both offered and expected of the student against the student’s actual attendance at and work for the course, to look at the matter as a whole and seek an answer to ‘is this applicant receiving full-time education?.’

Ward, Hallett, Hughes LJJ
[2010] EWCA Civ 699, [2010] AACR 42, [2011] PTSR 289, [2010] ELR 662
Bailii
Social Security Contributions and Benefits Act 1992, Social Security (Invalid Care Allowance) Regulations 1976 5
England and Wales
Citing:
Appeal from – (Un-named) UTAA 9-Mar-2009
The claimant’s appeal to the Upper Tribunal is allowed. The decision of the Liverpool appeal tribunal dated 9 October 2007 involved an error of law, for the reason given below, and I set it aside. The case is remitted to a differently constituted . .
Cited – Tina Yasmin Flemming v The Secretary of State for Work and Pensions CA 10-May-2002
. .
Cited – Wright-Turner v Department for Social Development CANI 11-Jan-2002
Appeal from rejection of claim for invalid care allowance . .

Lists of cited by and citing cases may be incomplete.

Benefits, Education

Updated: 01 November 2021; Ref: scu.417714

Gillies v Secretary of State for Work and Pensions: HL 26 Jan 2006

The claimant said that the medical member of the tribunal which had heard his disability claim was biased. The doctor was on a temporary contract and also worked for an agency which contracted directly the Benfits Agency. The court of session had considered tha a reasonable and well informed observer would not think there was a risk of bias.
Held: The facts did not support the basic argument that the member could be seen as the Agency’s doctor. She acted for them as an independent expert adviser: ‘the bringing of experience to bear when examining evidence and reaching a decision upon it has nothing whatever to do with bias. The purpose of disqualification on the ground of apparent bias is to preserve the administration of justice from anything that might detract from the basic rules of fairness. One guiding principle is to be found in the concept of independence. No one can be a judge in his own cause. That principle is, of course, applied much more widely today than a literal interpretation of these words might suggest. It is not confined to cases where the judge is a party to the proceedings. It applies also to cases where he has even the slightest personal or pecuniary interest in their outcome. There is no suggestion that that principle was breached in this case. ‘

Lord Nicholls of Birkenhead, Lord Hope of Craighead, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Baroness Hale of Richmond
[2006] ICR 267, 2006 SCLR 276, [2006] UKHL 2, Times 30-Jan-2006, [2006] 1 WLR 1781, 2006 SC (HL) 71, (2006) 9 CCL Rep 404, 2006 SLT 77, [2006] 1 All ER 731
Bailii
Social Security Act 1998
Scotland
Citing:
Cited – Bradford v McLeod HCJ 1985
A sheriff passed a comment that he would not grant legal aid to a miner. He was overheard by a solicitor. The solicitor subsequently asked that sheriff to recuse himself on applications for legal aid by miners accused of breach of the peace while . .
Cited – Regina v Gough (Robert) HL 1993
The defendant had been convicted of robbery. He appealed, saying that a member of the jury was a neighbour to his brother, and there was therefore a risk of bias. This was of particular significance as the defendant was charged with conspiracy with . .
Cited – Porter and Weeks v Magill HL 13-Dec-2001
Councillors Liable for Unlawful Purposes Use
The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be . .
Cited – Lawal v Northern Spirit Limited HL 19-Jun-2003
Counsel appearing at the tribunal had previously sat as a judge with a tribunal member. The opposing party asserted bias in the tribunal.
Held: The test in Gough should be restated in part so that the court must first ascertain all the . .
Cited – 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 . .
Cited – Cooke v Secretary of State for Social Security CA 25-Apr-2001
Although production of a new medical report, or of a new medical opinion, could evidence a relevant change of circumstances, to support the claim that the threshold had been reached so as to allow a review of a decision to grant benefits, it did not . .
Cited – Johnson v Johnson 7-Sep-2000
(High Court of Australia) When looking to test whether a member of the public would perceive bias in a court, it is unnecessary to delve into the characteristics to be attributed to the fair-minded and informed observer. One is entitled to conclude . .
Cited – Meerabux v The Attorney General of Belize PC 23-Mar-2005
(Belize) The applicant complained at his removal as a justice of the Supreme Court, stating it was unconstitutional. The complaint had been decided by a member of the Bar Council which had also recommended his removal, and he said it had been . .
Cited – 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 . .
Cited – Al-Hasan, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Feb-2005
Prisoners were disciplined after refusing to be squat searched, saying that the procedure was humiliating and that there were no reasonable grounds to suspect them of any offence against prison discipline. The officer who had been involved in . .
Cited – In Re Medicaments and Related Classes of Goods (No 2); Director General of Fair Trading v Proprietary Association of Great Britain and Proprietary Articles Trade Association CA 21-Dec-2000
The claimants alleged that a connection between a member of the Restrictive Practices Court, who was to hear a complaint and another company, disclosed bias against them. She had not recused herself.
Held: When asking whether material . .

Cited by:
Cited – National Assembly for Wales v Condron and Another CA 27-Nov-2006
The objector had successfully challenged a planning decision saying that a remark by the chairman of the planning committee demonstrated bias and an effective pre-determination of the decision. The committee supported by the developer appealed.
Cited – Helow v Secretary of State for the Home Department and Another HL 22-Oct-2008
The appellant, a Palestinian, challenged the involvement of Lady Cosgrove as a judge in her case, saying that Lady Cosgrove’s involvement as a jew in pro-Jewish lobby organisations meant that there was an appearance of bias. The applicant had sought . .
Cited – Osborn v The Parole Board SC 9-Oct-2013
Three prisoners raised questions as to the circumstances in which the Parole Board is required to hold an oral hearing before making an adverse decision. One of the appeals (Osborn) concerned a determinate sentence prisoner who was released on . .

Lists of cited by and citing cases may be incomplete.

Benefits

Leading Case

Updated: 01 November 2021; Ref: scu.238139

Secretary of State for Work and Pensions v Payne and Another: SC 14 Dec 2011

The appellant sought to recover overpayments of benefits and Social Fund Loans, after the respondent had had a Debt relief order.
Held: The Secretary of State’s appeal failed. The ‘net entitlement principle’ argued for did not exist. The entitlement is a statutory one, and any liability to repay is separate and independent, being only a remedy in respect of a debt. There was no effective difference in this context between a Debt Relief Order and bankruptcy.
Lady Hale said: ‘the power to recover the debt by deduction from benefit is a ‘remedy in respect of the debt’. Moreover, if self-help remedies such as this were not included in the concept of a ‘remedy’, it is difficult to see why both section 251G(2)(b) and section 285(3)(b) specifically prohibit the use of court proceedings to enforce the debt. They would be otiose if the only remedies contemplated by the prohibition of any remedy were court proceedings. There is no sense in a scheme which prohibits recovery of the liability by one method but allows it by another.’

Lady Hale, Lord Brown, Lord Mance, Lord Kerr, Lord Wilson
[2012] PTSR 310, [2012] 2 WLR 1, [2012] BPIR 224, [2012] 2 AC 1, [2012] 2 All ER 46, UKSC 2011/0007, [2011] UKSC 60
Bailii Summary, SC Summary, SC, Bailii
Insolvency Act 1986 251G(2)(a), Social Security Administration Act 1992 71(1), Social Security Act 1998 9 10, Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 15
England and Wales
Citing:
At first Instance – Payne and Another, Regina (on The Application of) v Secretary of State for Work and Pensions Admn 26-Jul-2010
The court was asked as to the lawfulness of the Secretary of State making deductions from ongoing social security benefit to recover the overpayment of incapacity benefit and the repayment of a social fund budgeting loan during the moratorium period . .
Appeal from – Secretary of State for Work and Pensions v Payne and Another CA 14-Dec-2010
Appeal by Secretary of State against judicial review finding unlawful the deductions made from the claimants’ social security benefit allowances after the claimants Debt Relief Order had come to an end.
Held: The appeal failed. . .
Cited – Bendall v McWhirter CA 1952
The trustee in the husband’s bankrupty, by virtue of his statutory position, was subject to the same special restriction as would prevent the husband himself from evicting his wife.
The deserted wife had a personal licence to occupy the former . .
Cited – Bradley-Hole v Cusen CA 1953
The creditor was a tenant of rent-controlled premises who had been charged too much rent by his landlord. The bankrupt landlord’s trustee argued that the claim in respect of overpaid rent had been converted into a right to prove the debt in the . .
Approved – Secretary of State for Work and Pensions v Balding CA 13-Dec-2007
The Secretary of State appealed a decision that its reclaim of overpayments of benefit were no longer possible after the discharge from insolvency of the claimant. The overpayment had been reclaimed before bankruptcy.
Held: At the time of the . .
Cited – Mulvey v Secretary of State for Social Security HL 20-Mar-1997
The appellant had had repayable awards from the social fund and also income support benefit. Deductions were made from the benefit to repay the awards. Her estate was sequestrated. She argued that the awards should no longer be deducted.
Held: . .
Cited – National Provincial Bank v Ainsworth HL 13-May-1965
The respondent stayed on in the family home owned by her husband after he had left, and resisted a possession order sought by the chargee. The husband had charged the house as security for his business debts.
Lord Wilberforce described the . .
Cited – Regina v Secretary of State for Social Security, Ex parte Taylor and Chapman ChD 5-Feb-1996
The applicants were in turn the recipient of a Social Fund loan and a claimant who had been overpaid benefit. Both were later declared bankrupt. The Secretary of State then began to recover the loan and overpayment by deduction from their current . .
Cited – Mulvey v Secretary of State for Social Security IHCS 24-Nov-1995
The claimant had first been granted a loan from the Social Fund. After her bankruptcy, the benefits loan was recoverable from benefits even after the bankruptcy if the loan was not proved in the bankruptcy. The right to recover by deduction was but . .

Lists of cited by and citing cases may be incomplete.

Benefits, Insolvency

Leading Case

Updated: 01 November 2021; Ref: scu.465940

Revenue and Customs v Forde and McHugh Ltd: SC 26 Feb 2014

The Court heard a number of appeals concerned with the interpretation of the phrase in section 6(1) of the Social Security Contributions and Benefits Act 1992, ‘[w]here in any tax week earnings are paid to or for the benefit of an earner’ It was asked as to the meaning of ‘earnings’ in that phrase The context is the payment of an employer’s contribution to a Funded Unapproved Retirement Benefits Scheme Until 2006 such schemes were commonly used to top up sums available through tax-approved pension schemes.
Held: The company’s appeal succeeded. The contributions made by it into a funded unapproved retirement benefits scheme in favour of one of its directors were not a part of the director’s ‘earnings’ for the purposes of section 6(1) of the 1992 Act and the company did not have to to pay national insurance contributions on the value of the contribution.

Lord Neuberger, President, Lord Sumption, Lord Reed, Lord Toulson, Lord Hodge
[2014] UKSC 14, [2014] STI 739, [2014] 1 WLR 810, [2014] WLR(D) 99, UKSC 2012/0162, [2014] Pens LR 203, [2014] 2 All ER 356, [2014] STC 724, [2014] ICR 403, [2014] BTC 8
WLRD, Bailii, Bailii Summary, SC, SC Summary
Social Security Contributions and Benefits Act 1992
England and Wales
Citing:
Cited – Tennant v Smith (Surveyor of Taxes) HL 14-Mar-1892
A Montrose bank manager had been given free accommodation in a bank house which he was required to occupy.
Held: The Inland Revenue could not charge income tax on the value of the accommodation because the employee could not convert the . .
Cited – Abbott v Philbin (Inspector of Taxes) HL 21-Jun-1960
A company’s senior employees had been given an option to subscribe for its shares at the then current market price, the option being exercisable at any time within the next ten years. The employees were thus incentivised to increase the company’s . .
Cited – Heaton v Bell HL 1970
The Revenue sought to tax the benefit of a car loan scheme and the issue was whether the emoluments of a participating employee fell to be assessed under Schedule E gross without reference to the weekly sum deducted by the employer for providing, . .
Cited – Depositors’ Protection Board v Dalia HL 20-May-1994
The House was asked as to the meaning of the word ‘depositor’. Regulations were prayed in aid which were made four years after the date of the enactment.
Held: The protection given by the Depositor Protection Scheme does not extend to . .
Cited – Hanlon v The Law Society HL 1981
The House considered the impact of the statutory charge under the 1974 Act in matrimonial proceedings.
Held: The costs in respect of which the statutory charge bit were the costs of the whole divorce proceedings and not just the financial . .
At UTTC – Forde and McHugh v HM Reveue and Customs UTTC 21-Feb-2011
NATIONAL INSURANCE CONTRIBUTIONS – contribution to FURBS – whether liable for Class I contributions – no – appeal allowed. . .
Appeal from – HM Revenue and Customs v Forde and McHugh Ltd CA 30-May-2012
Sums paid by an employer, other than out of an employee’s salary, which were to provide contingent benefits to an employee, did not fall within the charge to NICs on earnings before the occurrence of the contingency and the payment of the benefits. . .

Cited by:
Cited – RFC 2012 Plc (Formerly The Rangers Football Club Plc) v Advocate General for Scotland SC 5-Jul-2017
The Court was asked whether an employee’s remuneration is taxable as his or her emoluments or earnings when it is paid to a third party in circumstances in which the employee had no prior entitlement to receive it himself or herself.
Held: The . .

Lists of cited by and citing cases may be incomplete.

Income Tax, Benefits

Leading Case

Updated: 01 November 2021; Ref: scu.521991

Saint Prix v Secretary of State for Work and Pensions: ECJ 12 Dec 2013

ECJ Advocate General’s Opinion – Freedom of movement for workers – Article 45 TFEU – Discrimination on grounds of nationality – Discrimination on grounds of sex – Directive 2004/38/EC – Article 7(1) and (3) – Definition of ‘worker’ – Right to reside – Union citizen who temporarily gave up work because of the constraints of pregnancy and the aftermath of childbirth – Income Support – Sufficient resources – Proportionality

Wahl AG
C-507/12, [2013] EUECJ C-507/12, [2014] EUECJ C-507/12
Bailii, Bailii
Directive 2004/38/EC
European
Cited by:
Opinion – Saint Prix v Secretary of State for Work and Pensions ECJ 19-Jun-2014
Reference for a preliminary ruling – Article 45 TFEU – Directive 2004/38/EC – Article 7 – ‘Worker’ – Union citizen who gave up work because of the physical constraints of the late stages of pregnancy and the aftermath of childbirth . .

Lists of cited by and citing cases may be incomplete.

European, Benefits

Updated: 01 November 2021; Ref: scu.519487

The Secretary of State for the Home Department v Limbuela, Tesema, Adam: CA 21 May 2004

The appellant brought in policies which denied to asylum claimants who had failed to declare their status immediately upon entry, any shelter or support or the right to work. They were to be left to starve on the streets if they so wished. He appealed a finding that his behaviour amounted to the equivalent of torture or inhuman or degrading treatment.
Held: The effect of the rules was that claimants would generally be humiliated and their lives put at risk. There was no evidence of any available alternative system of charitable support, and indeed the charities said they would be quite unable to cope. The test was not whether any individual would be or had been degraded, but whether a substantial proportion of claimants would suffer those consequences. The appellant had no policy save for heavily pregnant women. The system was calculated to inflict such intense physical or mental suffering or humiliation as to break moral or physical resistance.

Laws, Jacob, Carnwath LJJ
[2004] QB 1440, [2004] EWCA Civ 540, Times 26-May-2004, [2004] 3 WLR 561
Bailii
European Convention on Human Rights 3, Immigration and Asylum Support Act 1999 95, Nationality, Immigration and Asylum Act 2002 55(5)
England and Wales
Citing:
Appeal from – Regina (Limbuela) v Secretary of State for the Home Department QBD 4-Feb-2004
The claimant had sought asylum on the day after arrival, and had therefore been refused any assistance beyond the provision of a list of charities who might assist. His lawyers were unable to secure either shelter or maintenance, and he had been . .

Cited by:
Cited – Regina (Gazer) v Secretary of State for the Home Department CA 17-Dec-2004
The applicant, an asylum seeker had been placed in the dispersal programme. He complained that where he was sent he would be likely to be subject to harm from the local population. He said this should have been considered by the respondent. He had . .
Appeal from – Adam, Regina (on the Application of) v Secretary of State for the Home Department; Limbuela v Same; Tesema v Same HL 3-Nov-2005
The applicants had each entered the UK with a view to seeking asylum, but having failed to seek asylum immediately, they had been refused any assistance, were not allowed to work and so had been left destitute. Each had claimed asylum on the day . .

Lists of cited by and citing cases may be incomplete.

Immigration, Benefits, Human Rights

Leading Case

Updated: 01 November 2021; Ref: scu.197770

Mallinson v Secretary of State for Social Security: HL 26 Apr 1994

A blind person needing help (active personal service) in getting about in unfamiliar places may be entitled to attendance allowance. The court was willing to give ‘bodily functions’ a fairly wide meaning. Seeing was a bodily function.

Lord Woolf and Lord Browne-Wilkinson
Gazette 15-Jun-1994, Times 28-Apr-1994, Independent 26-Apr-1994, [1994] 1 WLR 630
Social Security Act 1975 35(1)(a)
England and Wales
Citing:
Appeal from – Mallinson v Secretary of State for Social Security SSCS 21-Apr-1994
. .

Cited by:
Cited – 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 . .
Appealed to – Mallinson v Secretary of State for Social Security SSCS 21-Apr-1994
. .
Cited – Cockburn v Chief Adjudication Officer and Another and Secretary of State for Social Services v Fairey HL 21-May-1997
The provision of an interpreter for a deaf person was included in range of care needed for attendance for Disability Living Allowance. Dealing with his soiled laundry was not so included: ‘In my opinion it is not enough to ask whether the act in . .

Lists of cited by and citing cases may be incomplete.

Benefits

Leading Case

Updated: 01 November 2021; Ref: scu.83355

Secretary of State for Work and Pensions v Selby District Council and Another: CA 13 Feb 2006

The claimant had been in receipt of housing benefit. He had gone into a care home on a temporary trial basis. The council ceased to pay his benefit immediately.
Held: The benefit continued during the thirteen week trial period. The claimant had to maintain his home for so long as the residence remained a trial for up to 13 weeks.

[2006] EWCA Civ 271, Times 24-Feb-2006
Bailii
Housing Benefit (General) Regulations 1987 (1987 No 1971) 5(7B)
England and Wales

Benefits

Leading Case

Updated: 01 November 2021; Ref: scu.239213

KM, Regina (on The Application of) v Cambridgeshire County Council: SC 31 May 2012

The respondent had assessed the claimant’s annual care needs. He challenged the calculations. The authority had a system which calculated the average needs for support adding a sum to reflect particular critical need. An independent expert had estimated the total at andpound;157,000 a year, but the Council offered andpound;85,000, applying its own upper banding calculator system.
Held: The challenge to the assessment failed. It was rational for the Authority to use its resource allocation and upper banding calculator systems. Any flaw in the application of those systems would in fact have benefitted the applicant. Though its presentation of its reasoning was flawed, subsequent explanations had clarified the reasoning. There was little point in now pursuing a challenge which was more likely to reduce the amount payable than to increase it.

Lord Phillips, President, Lord Walker, Lady Hale, Lord Brown, Lord Kerr, Lord Dyson, Lord Wilson
[2012] UKSC 23, UKSC 2011/0145, [2012] PTSR 1189, [2012] WLR(D) 171
Bailii, Bailii Summary, SC Summary, SC
Chronically Sick and Disabled Persons Act 1970 2(1), Health and Social Care Act 2001
England and Wales
Citing:
Appeal from – KM, Regina (on The Application of) v Cambridgeshire County Council CA 9-Jun-2011
The claimant was a severely disabled adult, entitled to assistance under the 1970 Act. He had been refused leave to bring judicial review of the decision as to the extent of that assistance.
Held: Leave was granted, and the court decided to . .
At first instance – KM, Regina (on The Application of) v Cambridgeshire County Council Admn 26-Nov-2010
The claimant sought leave to bring judicial review of the decision of the Respondent as to the amount attributable to his care package.
Held: Leave was refused. . .
Cited – Regina v Gloucestershire County Council and Another, Ex Parte Barry HL 21-Mar-1997
The House considered the need when assessing community care provision to include considerations of the cost and resources for care. The case concerned a question about the relevance of cost and arose in the context of a duty to make certain . .
Cited – Savva, Regina (on The Application of) v Royal Borough of Kensington and Chelsea CA 28-Oct-2010
. .
Cited – W, Regina (on The Application of) v Birmingham City Council Admn 19-May-2011
The claimants suffered disabilities and required assistance and support from the defendant council. They now challenged the couuncil’s decision that whereas in the past it had supported those with either severe or critical needs, it would now . .
Cited – McDonald, Regina (on The Application of) v Royal Borough of Kensington and Chelsea SC 6-Jul-2011
The claimant, a former prima ballerina, had suffered injury as she grew old. She came to suffer a condition requiring her to urinate at several points during each night. The respondent had been providing a carer to stay with her each night to . .

Lists of cited by and citing cases may be incomplete.

Benefits, Local Government

Leading Case

Updated: 01 November 2021; Ref: scu.459833

Bakker v Minister van Financien: ECJ 7 Jun 2012

ECJ Social security for migrant workers – Legislation applicable – Worker holding Netherlands nationality working, for an employer established in the Netherlands, on board dredgers flying the Netherlands flag which operate outside the territory of the European Union – Residence in the territory of another Member State – Affiliation to the Netherlands social security system

Prechal P
C-106/11, [2012] EUECJ C-106/11, [2011] EUECJ C-106/11
Bailii, Bailii
European

Benefits

Updated: 31 October 2021; Ref: scu.460213

Sanneh, Regina (on The Application of) v The Secretary of State for Work and Pensions and Another: Admn 10 Apr 2013

[2013] EWHC 793 (Admin)
Bailii
England and Wales
Citing:
See Also – Sanneh, Regina (on The Application of) v Secretary of State for Work and Pensions Admn 30-Apr-2012
Challenge to payment of Zambrano Income Support . .
Cited – Ruiz Zambrano (European Citizenship) ECJ 8-Mar-2011
ECJ Citizenship of the Union – Article 20 TFEU – Grant of right of residence under European Union law to a minor child on the territory of the Member State of which that child is a national, irrespective of the . .
Cited – Dereci and Others (European Citizenship) ECJ 15-Nov-2011
ECJ Grand Chamber – Citizenship of the Union – Right of residence of nationals of third countries who are family members of Union citizens – Refusal based on the citizen’s failure to exercise the right to freedom . .

Cited by:
Cited – Phonographic Performance Ltd v Ellis (T/A Bla Bla Bar) CA 18-Dec-2018
Additional infrimgement damages were not a fine.
The Society had succeeded in its claim of copyright infringement. The defendant having continued his breaches, it sought additional damages and committal for contempt. Having granted the committal the trial judge declined to award additional . .

Lists of cited by and citing cases may be incomplete.

Benefits, Immigration

Updated: 31 October 2021; Ref: scu.472511

Carson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same: HL 26 May 2005

One claimant said that as a foreign resident pensioner, she had been excluded from the annual uprating of state retirement pension, and that this was an infringement of her human rights. Another complained at the lower levels of job-seeker’s allowance payable to those under 25.
Held: (Lord Carswell dissented in part.) The claims failed. The general rule is that social security benefits are payable only to inhabitants of the United Kingdom. The benefit was a possession, and since the claimant’s residence in South Africa was a personal characteristic, the different treatment fell to be considered. Her argument came down to the fact that she had paid for the benefit, but ‘National insurance contributions have no exclusive link to retirement pensions, comparable with contributions to a private pension scheme. In fact the link is a rather tenuous one.’ As to the second case, age was a natural part of life, and it was proper to distinguish in benefits between different stages. The Michalak catechism, even in a corrected form, is not always the best approach.
Lord Nicholls said: ‘the essential, question for the court is whether the alleged discrimination, that is, the difference in treatment of which complaint is made, can withstand scrutiny. Sometimes the answer to that question will be plain. There may be such an obvious, relevant difference between the claimant and those with whom he seeks to compare himself that their situations cannot be regarded as analogous. Sometimes, where the position is not so clear, a different approach is called for. Then the court’s scrutiny may best be directed at considering whether the differentiation has a legitimate aim and whether the means chosen to achieve the aim is appropriate and not disproportionate in its adverse impact.’
Lord Hoffmann pointed out that the question whether two situations are comparable will often overlap with the question whether the distinction is objectively justifiable: ‘If an ‘analogous situation’ . . means that the two cases are not relevantly different (no two cases will ever be exactly the same) then a relevant difference may be the justification for the difference in treatment . . [T]his division of the reasoning into two stages is artificial. People don’t think that way. There is a single question: is there enough of a relevant difference between X and Y to justify different treatment? . . [T]he invocation of the ‘rational and fair-minded person’ (who is, of course, the judge) suggests that the decision as to whether the differences are sufficient to justify a difference in treatment will always be a matter for the judge.’
Lord Hoffmann (with whom Lord Nicholls, Lord Rodger and Lord Carswell agreed), answered the argument that that the payment of jobseekers’ allowances at a lower rate to those under 25 years of age was unjustified, because there was no substantial difference between those just over and just under that age: ‘Mr Gill emphasised that the twenty-fifth birthday was a very arbitrary line. There could be no relevant difference between a person the day before and the day after his or her birthday. That is true, but a line must be drawn somewhere. All that is necessary is that it should reflect a difference between the substantial majority of the people on either side of the line. If one wants to analyse the question pedantically, a person one day under 25 is in an analogous, indeed virtually identical, situation to a person aged 25 but there is an objective justification for such discrimination, namely the need for legal certainty and a workable rule.’

Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Lord Carswell
[2005] UKHL 37, Times 27-May-2005, [2005] 2 WLR 1369, [2005] UKHRR 1185, [2005] 4 All ER 545, [2006] 1 AC 173, [2005] HRLR 23, 18 BHRC 677
Bailii, House of Lords
Social Security Contributions and Benefits Act 1992 113(1), Social Security Benefit (Persons Abroad) Regulations 1975 5, European Convention on Human Rights 814
England and Wales
Citing:
Cited – Michalak v London Borough of Wandsworth CA 6-Mar-2002
The appellant had occupied for a long time a room in a house let by the authority. After the death of the tenant, the appellant sought, but was refused, a statutory tenancy. He claimed to be a member of the tenant’s family, and that the list of . .
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 each case were whether the benefit affected a . .
At first instance – 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 . .
Cited – Muller v Austria ECHR 1975
Article 1 does not guarantee a right to a pension of any particular amount, but that the right safeguarded by Article 1 consists, at most, ‘in being entitled as a beneficiary of the social insurance scheme to any payments made by the fund.’ A claim . .
Cited – Koua Poirrez v France ECHR 2005
The weakness of the analogy between many state contributory schemes and a private pension scheme is a reason to enlarge rather than restrict the scope of 1P1, treating it as applicable to all social security benefits whether contributory or . .
Cited – Gaygusuz v Austria ECHR 16-Sep-1996
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 . .
Cited – Jankovic v Croatia ECHR 2000
Although a claim to a social security benefit is a possession (thereby attracting article 14) it does not entitle one to anything in particular. . .
Cited – Kjeldsen, Busk, Madsen and Peddersen v Denmark ECHR 7-Dec-1976
The claimants challenged the provision of compulsory sex education in state primary schools.
Held: The parents’ philosophical and religious objections to sex education in state schools was rejected on the ground that they could send their . .
Cited – Massachusetts Board of Retirement v Murgia 1976
(United States of America) It can be necessary to distinguish between those grounds of discrimination which prima facie appear to offend our notions of the respect due to the individual and those which merely require some rational justification. . .
Cited – Van Der Mussele v Belgium ECHR 23-Nov-1983
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 . .
Cited – 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 . .
Cited – Thlimmenos v Greece ECHR 6-Apr-2000
(Grand Chamber) The application of a rule that a felon could not become a chartered accountant infringed the rights under article 14, taken in conjunction with article 9, of a pacifist convicted of the felony of refusing to perform military service. . .
Cited – Defrenne v Sabena (No 2) ECJ 8-Apr-1976
ECJ The principle that men and women should receive equal pay, which is laid down by article 119, is one of the foundations of the community. It may be relied on before the national courts. These courts have a . .
Cited – 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 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 . .
Cited – Shamoon v Chief Constable of the Royal Ulster Constabulary HL 27-Feb-2003
The applicant was a chief inspector of police. She had been prevented from carrying out appraisals of other senior staff, and complained of sex discrimination.
Held: The claimant’s appeal failed. The tribunal had taken a two stage approach. It . .
Cited – Wessels-Bergervoet v The Netherlands ECHR 12-Nov-2002
Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) . .
Cited – Johnston and Others v Ireland ECHR 18-Dec-1986
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (victim); Preliminary objection rejected (non-exhaustion); Violation of Art. 8; Pecuniary damage – claim rejected; Non-pecuniary damage . .
Cited – Nasser v United Bank of Kuwait CA 21-Dec-2001
The claimant appealed against a decision to strike out her claim for want of prosecution, and a failure to pay a sum ordered as security for costs. She had put jewelry with the defendants for safe keeping, and alleged it had been stolen. The lock on . .
Cited – Nasser v United Bank of Kuwait CA 11-Apr-2001
The claimant, a foreign resident, alleged that her jewels had been stolen from a deposit box while in possession of the defendants. The defendants sought security for costs.
Held: An order for security may not legitimately be based on the bare . .
Cited – Regina v Director of Public Prosecutions, ex parte Kebilene and others HL 28-Oct-1999
(Orse Kebeline) The DPP’s appeal succeeded. A decision by the DPP to authorise a prosecution could not be judicially reviewed unless dishonesty, bad faith, or some other exceptional circumstance could be shown. A suggestion that the offence for . .
Cited – Asmundsson v Iceland ECHR 12-Oct-2004
A seaman aged 30 had a serious accident at work, as a result of which he had to stop working as a seaman. His disability was assessed at 100%, and he became eligible for a disability pension from the Seamen’s Pension Fund, a statutory contributory . .

Cited by:
Cited – 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 . .
Cited – Wilson v Wychavon District Council and Another Admn 20-Dec-2005
The claimant complained that the law which protected an occupier of a dwelling house from a temporary stop notice did not apply to those living in caravans, and that this was discriminatory.
Held: The claim failed. ‘usually a change of use of . .
Cited – Wilkinson v Kitzinger and others FD 31-Jul-2006
The parties had gone through a ceremony of marriage in Columbia, being both women. After the relationship failed, the claimant sought a declaration that the witholding of the recognition of same-sex marriages recoginised in a foreign jurisdiction . .
Cited – In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G HL 18-Jun-2008
The applicants complained that as an unmarried couple they had been excluded from consideration as adopters.
Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater . .
Cited – Animal Defenders International, Regina (on the Application of) v Secretary of State for Culture, Media and Sport HL 12-Mar-2008
The applicant, a non-profit company who campaigned against animal cruelty, sought a declaration of incompatibility for section 321(2) of the 2003 Act, which prevented adverts with political purposes, as an unjustified restraint on the right of . .
Cited – AL (Serbia) v Secretary of State for the Home Department; Rudi v Same HL 25-Jun-2008
Each claimant had arrived here with their parents, and stayed for several years. They were excluded from the scheme allowing families who had been here more than three years to stay here, because they had attained 18 and were no longer dependant on . .
Cited – Watkins-Singh, Regina (on the Application of) v The Governing Body of Aberdare Girls’ High School and Another Admn 29-Jul-2008
Miss Singh challenged her school’s policy which operated to prevent her wearing while at school a steel bangle, a Kara. She said this was part of her religion as a Sikh.
Held: Earlier comparable applications had been made under human rights . .
Cited – 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 . .
Cited – Re E (A Child); E v Chief Constable of the Royal Ulster Constabulary and Another (Northern Ireland Human Rights Commission and others intervening) HL 12-Nov-2008
(Northern Ireland) Children had been taken to school in the face of vehement protests from Loyalists. The parents complained that the police had failed to protect them properly, since the behaviour was so bad as to amount to inhuman or degrading . .
At House of Lords – Carson and Others v The United Kingdom ECHR 4-Nov-2008
(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 . .
Cited – Rodriguez v Minister of Housing of The Government and Another PC 14-Dec-2009
Gibraltar – The claimant challenged a public housing allocation policy which gave preference to married couples and parents of children, excluding same sex and infertile couples.
Held: The aim of discouraging homosexual relationships is . .
Cited – Stewart v Secretary of State for Work and Pensions CA 29-Jul-2011
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 . .
Cited – T, Regina (on The Application of) v Greater Manchester Police and Another Admn 9-Feb-2012
The claimant challenged the terms of an enhanced Criminal Records Certificate issued by the defendant. He had been warned in 2002 for suspicion of theft of two cycles. The record had been stepped down in 2009, but then re-instated. He wished to . .
Cited – National Secular Society and Another, Regina (on The Application of) v Bideford Town Council Admn 10-Feb-2012
The claimant challenged the placing of a prayer on the agenda of the respondent’s meetings.
Held: The claim succeeded. The placing of such elements on the Agenda was outside the powers given to the Council, and the action was ultra vires: . .
Cited – Seldon v Clarkson Wright and Jakes SC 25-Apr-2012
The appellant claimed that the requirement imposed on him to retire from his law firm partnership on attaining 65 was an unlawful discrimination on the grounds of age.
Held: The matter was remitted to the Employment tribunal to see whether the . .
Cited – Humphreys v Revenue and Customs SC 16-May-2012
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 . .
Cited – Rotherham Metropolitan Borough Council and Others, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills SC 25-Feb-2015
Appeal about the distribution of European Structural Funds among the regions of the United Kingdom. It arises out of the complaint of a number of local authorities in Merseyside and South Yorkshire about the way in which it is proposed to distribute . .
Cited – Tigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills SC 29-Jul-2015
After increasing university fees, the student loan system was part funded by the government. They introduced limits to the availability of such loans, and a student must have been lawfully ordinarily resident in the UK for three years before the day . .
Cited – McLaughlin, Re Judicial Review SC 30-Aug-2018
The applicant a differently sexed couple sought to marry under the Civil Partnership Act 2004, but complained that they would lose the benefits of widowed parent’s allowance. Parliament had decided to delay such rules to allow assessment of reaction . .
Cited – Stott, Regina (on The Application of) v Secretary of State for Justice SC 28-Nov-2018
The prisoner was subject to an extended determinate sentence (21 years plus 4) for 10 offences of rape. He complained that as such he would only be eligible for parole after serving two thirds of his sentence rather than one third, and said that . .

Lists of cited by and citing cases may be incomplete.

Benefits, Discrimination, Human Rights

Leading Case

Updated: 31 October 2021; Ref: scu.225293

PM v Secretary of State for Work and Pensions (IS) (Tribunal Procedure and Practice (Including UT) : Evidence): UTAA 14 Oct 2014

pm_sswp1410

UTAA Appeal against the decision allowed. At the time of the claim for income support and that of the decision refusing it the appellant had a right to reside as the family member of a worker. She was accordingly, not a ‘person from abroad’ so as to have an applicable amount of andpound;Nil.

Ward UTJ
[2014] UKUT 474 (AAC)
Bailii
England and Wales

Benefits, Immigration

Updated: 31 October 2021; Ref: scu.539095

Dano v Jobcenter Leipzig: ECJ 11 Nov 2014

ECJ Judgment – Free movement of persons – Citizenship of the Union – Equal treatment – Economically inactive nationals of a Member State residing in the territory of another Member State – Exclusion of those persons from special non-contributory cash benefits under Regulation (EC) No 883/2004 – Directive 2004/38/EC – Right of residence for more than three months – Articles 7(1)(b) and 24 – Condition requiring sufficient resources)

V Skouris, President, K. Lenaerts, Vice-President, A. Tizzano, L Bay Larsen, T von Danwitz, C Vajda, S Rodin, Presidents of Chambers, E Juhasz, A Borg Barthet, J Malenovsky, E Levits, M Berger (Rapporteur) and JL da Cruz Vilaca, Judges
[2014] EUECJ C-333/13, ECLI:EU:C:2014:2358, [2015] 1 CMLR 48, [2015] CEC 1045, [2015] 1 WLR 2519, [2014] WLR(D) 477, ECLI:EU:C:2014:2358, [2015] All ER (EC) 1
Bailii, WLRD
Regulation (EC) No 883/2004, Directive 2004/38/EC 7(1)(b) 24
European
Cited by:
Cited – 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 . .

Lists of cited by and citing cases may be incomplete.

Immigration, Benefits

Leading Case

Updated: 31 October 2021; Ref: scu.538689

Alhashem v The Secretary of State for Work and Pensions: CA 21 Apr 2016

Mrs Alhashem, a Dutch citizen, had been living in the UK since 2010. She was at first awarded job seeker’s allowance, but this ended because she was unable to sign on for work because of ill health. She then applied for employment and support allowance. On 12 November 2011, the Secretary of State refused her claim on the basis that she did not have the right to reside in this country.

Arden, David Richards LJJ, Mitting J
[2016] EWCA Civ 395
Bailii
England and Wales

European, Benefits

Updated: 31 October 2021; Ref: scu.562449

Janina Wencel v Zaklad Ubezpieczen Spolecznych W Bialymstoku: ECJ 16 May 2013

ECJ Article 45 TFEU – Regulation (EEC) No 1408/71 – Article 10 – Old-age benefits – Habitual residence in two different Member States – A survivor’s pension received in one of those States and a retirement pension in the other – Withdrawal of one of those benefits – Recovery of benefits to which it is alleged the recipient was not entitled
C-589/10, [2013] EUECJ C-589/10
Bailii
Article 45 TFEU, Regulation (EEC) No 1408/71 10

Updated: 30 October 2021; Ref: scu.509298

Secretary of State for Work and Pensions v Yates: CA 10 Jun 2009

The court considered the circumstances in which, under the social security legislation, a recipient of a ‘Category B’ retirement pension who is resident abroad can take advantage of increases in rates arising under up-rating orders.
Lord Clarke MR, Rix, Carnwath LJJ
[2009] EWCA Civ 479, [2009] Pens LR 217, [2010] PTSR 493
Bailii
England and Wales

Updated: 27 October 2021; Ref: scu.346802

King, Regina (on The Application of) v The Secretary of State for Education: Admn 17 Sep 2021

The Claimant alleged that the refusal of the Defendant to provide her with maintenance support for living and other costs under the European regulations for student support applicable at the time discriminated against her on grounds of nationality.
Peter Marquand
[2021] EWHC 2509 (Admin)
Bailii
England and Wales

Updated: 27 October 2021; Ref: scu.668450