Category: Benefits

Secretary 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.

Citations:

Independent 27-Jun-1995, Times 22-Jun-1995

Jurisdiction:

England and Wales

Citing:

Appealed to – 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 . .

Cited by:

Appeal from – 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

Updated: 21 January 2023; Ref: scu.89092

Kaur v Chief Adjudication Officer: CA 5 Jul 1995

A disapplication of the restriction on claiming housing benefit must be for an event which takes place after the claim. Wife not entitled to more mortgage support benefit than had been paid as housing benefit.

Citations:

Independent 13-Jul-1995, Times 05-Jul-1995

Statutes:

Income Support (General) Regulations 1987 10-1

Jurisdiction:

England and Wales

Benefits

Updated: 21 January 2023; Ref: scu.82683

Haringey London Borough Council v Awaritefe, Secretary of State for Social Security Intervening: CA 3 Jun 1999

A Local Authority could reclaim overpaid Housing Benefits even though it had failed to follow precisely the required procedures for such a recovery, provided that it could demonstrate that the failing was immaterial, and that the failure caused the defendant no injustice.

Judges:

Rich, Otton, Pill LJJ

Citations:

Times 03-Jun-1999, [1999] EWCA Civ 1491, (2000) 32 HLR 517

Links:

Bailii

Statutes:

Housing Benefit (General) Regulations 1987 No 1971 Sch 6

Jurisdiction:

England and Wales

Citing:

Cited – Regina v London Borough of Tower Hamlets ex parte Tower Hamlets Combined Traders Association QBD 19-Jul-1993
The court discussed the way in which local authorities should conduct their activities under the section: ‘[T]he budgetary exercise required of a local authority under section 32 is a part of its larger duty to administer its funds so as to protect . .
Lists of cited by and citing cases may be incomplete.

Benefits, Administrative

Updated: 21 January 2023; Ref: scu.81238

Chief Adjudication Office v Creighton: CANI 15 Dec 1999

Four appeals from decisions of Social Security Commissioners each involve the same net point of construction of regulations governing entitlement to attendance allowance. The respondents are all persons the cost of whose accommodation in residential or nursing homes was discharged on a provisional basis by health boards or trusts pending the completion of assessment of their means or realisation of their capital assets. In each case it was established that the claimant was liable to pay the cost of his or her accommodation, and made a refund to the paying authority of the amounts previously paid out by it. Each claimant was entitled to receive attendance allowance, and all were paid that benefit from the time when they commenced to pay for their own accommodation. The appellant contended, relying on decisions given by Social Security Commissioners in England, that on the true construction of the governing regulations the claimants were not entitled to receive attendance allowance during the period for which the boards or trusts were paying the cost of their accommodation, notwithstanding the fact that that outlay was ultimately repaid by or on behalf of the claimants. The Social Security Commissioners in Northern Ireland upheld the claimant’s entitlement in each case, and the Chief Adjudication Officer has appealed to this court against the decisions.

Citations:

[1999] NICA 13

Links:

Bailii

Jurisdiction:

Northern Ireland

Benefits

Updated: 20 December 2022; Ref: scu.263915

Regina v A National Insurance Commissioner, Ex Parte Warry: ECJ 9 Nov 1977

ECJ Social security for migrant workers – invalidity insurance – benefits – right – acquisition – receipt of sickness benefit as a condition imposed by the legislation of a member state – insurance periods completed – aggregation – claim for benefit – submission – rules (Regulation No 1408/71 of the council, article 45)
Article 45 of regulation no 1408/71 must be understood to mean that where the legislation of a member state makes the acquisition of a right to invalidity benefit conditional upon the person concerned having been entitled to sickness benefit under that legislation for a given period in the immediately proceding period – that condition being subject to so far as material (a) the completion of insurance periods (b) the making of a claim therefor in a prescribed manner and within a prescribed time –
(i) the competent institution of the said member state shall take into account insurance periods completed under the legislation of any member state as though they had been completed under the legislation which it administers;
(ii) the condition that a claim must be made in a prescribed manner and within a prescribed time shall be regarded as satisfied in so far as such a claim has been duly made in accordance with the legislation of the state of residence.

Citations:

R-41/77, [1977] EUECJ R-41/77

Links:

Bailii

Statutes:

Regulation No 1408/71 45

Jurisdiction:

European

Benefits

Updated: 12 December 2022; Ref: scu.214586

Chief Adjudication Officer and Another v Palfrey; Same v Dowell, Same v McDonnell: CA 17 Feb 1995

Property was acquired by joint owners to provide accommodation for both joint owners. That purpose would be defeated if one of those acquiring the property were to insist on a sale while that purpose was still subsisting. The value of a joint interest in a house when calculating benefits entitlement was the market value of that half share, not one half of the value of the whole. There was ‘nothing obscure or abstruse in the conclusion that the amount of capital which the applicant’s joint possession of that dwelling house represents may fall, for the time being, to be quantified in a nominal amount.’ In this case the value was nil.

Judges:

Hobhouse LJ

Citations:

Ind Summary 10-Apr-1995, Gazette 15-Mar-1995, Times 17-Feb-1995

Statutes:

Trusts of Land and Appointment of Trustees Act 1996

Jurisdiction:

England and Wales

Cited by:

Cited – Wilkinson v Chief Adjudication Officer CA 24-Mar-2000
The claimant owned a half share in a property. It was said that this brought her disposable capital above the limit to make a claim. She had inherited it, but had transferred it to her brother in satisfaction of her mother’s wishes. . .
Lists of cited by and citing cases may be incomplete.

Benefits

Updated: 09 December 2022; Ref: scu.79031

Konevod v Secretary of State for Work and Pensions: CA 30 Jun 2020

Claim for a UK non-contributory sickness benefit in circumstances where the claimant had formerly lived and worked in the United Kingdom but was resident in another EU Member State at the time when the claim was made.

Citations:

[2020] EWCA Civ 809

Links:

Bailii

Statutes:

Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems

Jurisdiction:

England and Wales

Benefits, European

Updated: 07 December 2022; Ref: scu.652152

MOC (By MG) v SSWP (DLA): UTAA 21 Apr 2020

The rules in regs 8 and 12A of the Social Security (Disability Living Allowance) Regulations 1991 restricting payability where an adult has been an inpatient in an NHS hospital for more than 28 days did not breech art.14 ECHR in the case of a patient with severe learning disabilities. Mathieson v SSWP [2015] UKSC 47 distinguished.

Citations:

[2020] UKUT 134 (AAC)

Links:

Bailii

Jurisdiction:

England and Wales

Benefits

Updated: 07 December 2022; Ref: scu.651819

Secretary of State for Work and Pensions v A (UC): UTAA 13 Feb 2020

Universal credit – claimant sentenced to a term of imprisonment – whether claim to universal credit made on release fell within reg. 22 of the Universal Credit (Temporary Provisions) Regulations 2014 so that LCWRA element of the award ran from date of claim or only from three months thereafter – whether effect of imprisonment on entitlement to income support suspensory or extinctive

Citations:

[2020] UKUT 48 (AAC)

Links:

Bailii

Jurisdiction:

England and Wales

Benefits

Updated: 07 December 2022; Ref: scu.651796

HK v SSWP (PC): UTAA 11 Mar 2020

‘The appeal against the DWP’s decision of 30 July 2018 refusing the appellant
state pension credit on the basis that he lacked a right to reside is allowed.
The appellant had such a right and the respondent must now proceed to
examine the remaining aspects of his claim.’

Citations:

[2020] UKUT 73 (AAC)

Links:

Bailii

Jurisdiction:

England and Wales

Benefits

Updated: 07 December 2022; Ref: scu.651808

Regina v Sedgemoor District Council Housing Benefit Review Board ex parte Weaden: 1986

Citations:

[1986] 84 LGR 850

Jurisdiction:

England and Wales

Cited by:

Cited – Charles Fairbank v Lambeth Magistrates’ Court Admn 25-Apr-2002
The appellant applied for housing benefit. He completed a form which asked if he owned other properties. He had been prosecuted for failing to disclose ownership of a property. He requested the court to consider whether he had a duty to disclose . .
Lists of cited by and citing cases may be incomplete.

Benefits

Updated: 07 December 2022; Ref: scu.180083

KJ v Secretary of State for Work and Pensions (IS): UTAA 11 Oct 2019

Marriage, Civil Partnerships and Living Together, Tribunal Procedure and Practice – Income support – Living together as a married couple – Long term relationship – Period where couple said to have separated – Relevance of ‘signposts’ in living together cases – Extent of fact-finding and reasoning required of First-tier Tribunal deciding appeal – DK v SSWP [2016] CSIH 84; [2017] AACR 10 considered.

Citations:

[2019] UKUT 312 (AAC)

Links:

Bailii

Jurisdiction:

England and Wales

Benefits

Updated: 06 December 2022; Ref: scu.651659

Secretary of State for Social Security v Fairey; Cockburn v Chief Adjudication Officer: SSCS 21 May 1997

Attendance allowance – need for extra domestic laundry as a result of disability – whether amounted to attention in connection with bodily functions
Care component – profoundly deaf claimant – whether assistance or attention to enable claimant to live a normal life was reasonably required

Citations:

[1997] UKSSCSC CA – 124 – 1993

Links:

Bailii

Jurisdiction:

England and Wales

Benefits

Updated: 06 December 2022; Ref: scu.197463

Secretary of State for Trade and Industry v Bottrill: CA 12 Feb 1999

There is no rule of law, to suggest that a sole director and owner of majority of shareholding, could not be an employee of that company, and be entitled to a redundancy payment on the liquidation of the company. ‘If the tribunal considers that the contract is not a sham, it is likely to wish to consider next whether the contract, which may well have been labelled a contract of employment, actually gave rise to an employer/employee relationship. In this context, of the various factors usually considered relevant . . . the degree of control exercised by the company over the shareholder employee is always important. This is not the same question as that relating to whether there is a controlling shareholding. The tribunal may think it appropriate to consider whether there are directors other than or in addition to the shareholder employee and whether the constitution of the company gives that shareholder rights such that he is in reality answerable to himself and incapable of being dismissed.’

Citations:

Gazette 10-Mar-1999, Gazette 27-Jun-1999, [1999] EWCA Civ 781, [1998] IRLR 120, [1999] IRLR 326, [1999] ICR 592, [1999] BCC 177

Links:

Bailii

Statutes:

Employment Rights Act 1996 213

Jurisdiction:

England and Wales

Citing:

Appeal from – Secretary of State for Trade and Industry v Bottrill EAT 28-May-1998
There is no rule of law to suggest that a sole director and owner of majority of shareholding could not be an employee and entitled to redundancy payment on the liquidation of the company. ‘The higher courts have taken the view that the issue as to . .

Cited by:

Cited – Bunting and Others v Hertel (Uk) Ltd EAT 28-Jun-2001
The appellants claimed to have been unfairly dismissed. They had been owners, through a discretionary trust, of a company sold to the respondents. They claimed also to have been employees. Following the sale, they were dismissed, and they asserted . .
Cited – Venables and others v Hornby (Her Majesty’s Inspector of Taxes) HL 4-Dec-2003
The company director taxpayer had retired from his company but stayed on as an unpaid non-executive director. The trust deed for the company’s pension scheme provided for payments to be made to an employee. The director sought relief from payment of . .
Cited – Ultraframe UK Limited v Clayton, Fielding and Others ChD 3-Oct-2002
The claimants asserted infringement of their registered design rights in parts used in their double glazing and conservatory units. ‘Therefore it is possible for design right to subsist in the design of the part of the article which is not excluded . .
Cited – Smith v Secretary of State for Trade and Industry EAT 15-Oct-1999
The claimant had been sole director of a company which went into liquidation. He sought a redundancy payment from the respondent under the 1996 Act. It was refused. The tribunal had applied Buchan. It had refused to hear an argument that the . .
Cited – Nesbitt v Secretary of State for Trade and Industry EAT 10-Aug-2007
EAT Contract of Employment – definition of employee
Insolvency
The Appellants were a husband and wife who entered into contracts of employment with a company which they managed and which they between . .
Lists of cited by and citing cases may be incomplete.

Employment, Company, Benefits

Updated: 05 December 2022; Ref: scu.135854

Regina v Chief Adjudication Officer ex parte B: CA 9 Dec 1998

Secretary of State’s appeal by leave of the judge below against an order quashing decisions of adjudication officers refusing to award the respondent disability living allowance – proper construction and application of regulation 12(3).

Judges:

Lord Justice Simon Brown

Citations:

[1998] EWCA Civ 1934, [1999] 2 WLR 1064

Links:

Bailii

Statutes:

Social Security (Persons from Abroad) Miscellaneous Amendments Regulations 1996 12(3)

Jurisdiction:

England and Wales

Benefits

Updated: 30 November 2022; Ref: scu.145413

Raad van bestuur van de Sociale verzekeringsbank v Fischer-Lintjens: ECJ 4 Jun 2015

ECJ Judgment – Reference for a preliminary ruling – Social security for migrant workers – Regulation (EEC) No 1408/71 – Article 27 – Annex VI, section R, point 1(a) and (b) – Concept of pensions payable under the legislation of two or more Member States – Benefits in kind – Retroactive award of a pension under the legislation of the Member State of residence – Enjoyment of health care benefits conditional on the taking out of compulsory health care insurance – Certificate of non-insurance under the legislation on compulsory health care insurance of the Member State of residence – No subsequent obligation to pay contributions to that Member State – Retroactive withdrawal of the certificate – No possibility of retroactive affiliation to compulsory health care insurance – Interruption of cover against the risk of sickness by such insurance – Effectiveness of Regulation No 1408/71

Citations:

C-543/13, [2015] EUECJ C-543/13

Links:

Bailii

Statutes:

Regulation No 1408/71

Jurisdiction:

European

Benefits

Updated: 30 November 2022; Ref: scu.547696

AF v Nottinghamshire NHS Trust: UTAA 27 Apr 2015

Tribunal Procedure and Practice (Including UT) – lawfulness of a ‘social circumstances report’ being prepared by a member of the nursing staff at the hospital where the appellant was detained (a nurse who had also compiled the in-patient nursing report) as opposed to it being prepared by a social worker.

Citations:

[2015] UKUT 216 (AAC)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 30 November 2022; Ref: scu.547616