I v Health Service Executive: ECJ 20 Mar 2014

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

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

European, Benefits

Updated: 01 December 2021; Ref: scu.522649

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

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

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

Benefits

Updated: 01 December 2021; Ref: scu.522498

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

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

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

Benefits, Human Rights

Updated: 01 December 2021; Ref: scu.522255

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

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

[2013] UKUT 622 (AAC)
Bailii

Benefits

Updated: 01 December 2021; Ref: scu.522252

Vincent and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 23 Jul 2020

Mrs Justice Andrews DBE
[2020] EWHC 1976 (Admin)
Bailii
England and Wales
Citing:
CitedMathieson v Secretary of State for Work and Pensions SC 8-Jul-2015
The claimant a boy of three in receipt of disability living allowance (‘DLA’) challenged (through his parents) the withdrawal of that benefit whilst he was in hospital for a period of more than 12 weeks. He had since died.
Held: The appeal . .

Lists of cited by and citing cases may be incomplete.

Benefits

Updated: 30 November 2021; Ref: scu.652954

AM (By His Father CM) v The Secretary of State for Work and Pensions: CA 5 Feb 2014

The child suffered serious conditions requiring care from his parents. He received Disability Living Allowance, but this was withdrawn when he had a lengthy stay in hospital. He had since died. The parents had given considerable assistance in the care of AM whilst in hospital, and they said that in practice, the cost of providing that care increased during the stay.

Laws, Ryder, Underhill LJJ
[2014] EWCA Civ 286
Bailii
Social Security (Disability Living Allowance) Regulations 1991, European Convention on Human Rights 8 14
England and Wales
Citing:
Appeal fromAM (By Appointee Mr CM) v Secretary of State for Work and Pensions UTAA 15-Jan-2013
Human rights law – article 8 (private and family life) – disability living allowance . .

Cited by:
Appeal fromMathieson v Secretary of State for Work and Pensions SC 8-Jul-2015
The claimant a boy of three in receipt of disability living allowance (‘DLA’) challenged (through his parents) the withdrawal of that benefit whilst he was in hospital for a period of more than 12 weeks. He had since died.
Held: The appeal . .

Lists of cited by and citing cases may be incomplete.

Benefits, Human Rights

Updated: 30 November 2021; Ref: scu.522497

AM (By Appointee Mr CM) v Secretary of State for Work and Pensions: UTAA 15 Jan 2013

Human rights law – article 8 (private and family life) – disability living allowance

Ward UTJ
[2013] UKUT 27 (AAC)
Bailii
Social Security (Disability Living Allowance) Regulations 1991, European Convention on Human Rights 8
Cited by:
Appeal fromAM (By His Father CM) v The Secretary of State for Work and Pensions CA 5-Feb-2014
The child suffered serious conditions requiring care from his parents. He received Disability Living Allowance, but this was withdrawn when he had a lengthy stay in hospital. He had since died. The parents had given considerable assistance in the . .
At UTMathieson v Secretary of State for Work and Pensions SC 8-Jul-2015
The claimant a boy of three in receipt of disability living allowance (‘DLA’) challenged (through his parents) the withdrawal of that benefit whilst he was in hospital for a period of more than 12 weeks. He had since died.
Held: The appeal . .

Lists of cited by and citing cases may be incomplete.

Benefits

Updated: 30 November 2021; Ref: scu.471127

Burnip v Birmingham City Council and Another: CA 15 May 2012

Disability is a prohibited ground for discrimination

Maurice Kay LJ VP, Hooper LJ, Henderson J
[2012] EWCA Civ 629, [2013] PTSR 11
Bailii
England and Wales
Cited by:
CitedMathieson v Secretary of State for Work and Pensions SC 8-Jul-2015
The claimant a boy of three in receipt of disability living allowance (‘DLA’) challenged (through his parents) the withdrawal of that benefit whilst he was in hospital for a period of more than 12 weeks. He had since died.
Held: The appeal . .

Lists of cited by and citing cases may be incomplete.

Benefits, Human Rights

Updated: 30 November 2021; Ref: scu.459792

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 question is done with the aim of keeping the disabled person clean and comfortable and in decent conditions. No doubt an act of that kind is of help to the disabled person, especially if – as in this case – the disabled person cannot perform that act for herself. The care, consideration and vigilance which the act involves may indeed be of such a degree and involve such devotion to duty as to amount to attention, rather than mere assistance within the meaning which Dunn LJ gave to that word. But it must also be ‘in connection with’ the bodily functions of the person concerned.’ The phrase ‘bodily functions’ relates primarily to activities which the fit person normally performs for himself and which involve a high degree of physical intimacy

Lord Goff of Chieveley Lord Mustill Lord Slynn of Hadley Lord Hope of Craighead Lord Clyde
Gazette 18-Jun-1997, Times 26-May-1997, Times 20-Mar-1997, [1997] UKHL 18, [1997] 3 All ER 844, [1997] 1 WLR 799
House of Lords, Bailii
Social Security and Contributions Act 1992 64(2)(a) 72(1)(b)(I)
England and Wales
Citing:
Appeal fromSecretary of State for Social Security v Fairey CA 22-Jun-1995
A deaf person can be entitled to disability living allowance for the care needed in order to live a reasonable life. . .
Appeal fromCockburn v Chief Adjudication Officer CA 30-Jul-1996
The extra and frequent attention to laundry for the incontinence of a claimant does not of itself warrant the provision of Attendance Allowance. . .
CitedRegina 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 . .
CitedMallinson 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. . .
CitedIn 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 . .

Cited by:
Appealed toSecretary of State for Social Security v Fairey CA 22-Jun-1995
A deaf person can be entitled to disability living allowance for the care needed in order to live a reasonable life. . .
CitedGregory 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 . .
CitedMathieson v Secretary of State for Work and Pensions SC 8-Jul-2015
The claimant a boy of three in receipt of disability living allowance (‘DLA’) challenged (through his parents) the withdrawal of that benefit whilst he was in hospital for a period of more than 12 weeks. He had since died.
Held: The appeal . .

Lists of cited by and citing cases may be incomplete.

Benefits

Updated: 30 November 2021; Ref: scu.158893

SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions and Others: CA 21 Feb 2014

The claimants challenged the manner of implementation of a benefits cap under the 2012 Act, sayig that it was discriminatory.

Lord Dyson MR, Longmore, Lloyd Jones LJJ
[2014] PTSR 619, [2014] WLR(D) 91, [2014] EWCA Civ 156
WLRD, Bailii
Benefit Cap (Housing Benefit) Regulations 2012, Welfare Reform Act 2012, European Convention on Human Rights 14 A1P1, Human Rights Act 1998
England and Wales
Citing:
Appeal fromJS and Others, Regina (on The Application of) v Secretary of State for Work and Pensions and Others QBD 5-Nov-2013
The claimants challenged the benefits cap introduced under the 2012 Act, saying that it was discriminatory, affecting more women than men. Mr Eadie QC submitted on behalf of the Secretary of State that, as ‘an international instrument with no . .

Cited by:
Appeal fromSG 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.

Benefits, Human Rights, Discrimination

Updated: 30 November 2021; Ref: scu.521500