Category: Benefits

Regina v Secretary of State for Social Services, Ex parte Child Poverty Action Group: CA 1989

The applicants sought judicial review of the failures by the respondent in processing claims for benefits. They asked that there should be a declaration that the respondent had a duty to refer a claim to an adjudication officer as soon as it was received, that he should have the information needed to process the claim, and that it be dealt with within 14 days or as soon as was reasonably practicable.
Held: The claimant group had a sufficient interest or standing to be entitled to seek a judicial review. No declaration should be made. An adjudication officer may himself make enquiries when setting a claim, and need not consider only matters internal to the claim.

Citations:

[1990] 2 QB 540, [1989] 1 All ER 1047

Statutes:

Social Security Act 1975 98 99(1)

Jurisdiction:

England and Wales

Cited by:

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 – Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte World Development Movement Ltd QBD 1995
A British consortium looked for assistance in providing a hydro-electric project on the Pergau river. One interested government department advised that it was not economical and an abuse of the overseas aid programme, but the respondent decided to . .
Cited – Regina v Secretary of State for Foreign Affairs ex Parte the World Development Movement Ltd Admn 10-Nov-1994
The Movement sought to challenge decisions of the Secretary of state to give economic aid to the Pergau Dam, saying that it was not required ‘for the purpose of promoting the development’ of Malaysia. It was said to be uneconomic and damaging. It . .
Cited – Black, Regina (on The Application of) v Secretary of State for Justice Admn 5-Mar-2015
The serving prisoner said that new general restrictions on smoking in public buildings applied also in prisons. were a breach of his human rights. The only spaces where prisoners were allowed now to smoke were their cells, and he would share cells . .
Lists of cited by and citing cases may be incomplete.

Benefits, Administrative

Updated: 27 November 2022; Ref: scu.196895

Wood v Secretary of State for Work and Pensions: CA 31 Jan 2003

The appellant suffered cerebral palsy. Following a review, he was awarded mobility allowance, and then later the mobility component of Disability Living Allowance for life. He applied for the care element also. The respondent refused the care allowance, but also then superseded and cancelled the mobility element.
Held: There had to be a change in his circumstances first as to his mobility, to allow any decision to supersede the earlier one. The question arose as to how an appeal against a decision of the respondent was to fit within the statutory scheme. No consistent meaning can be given to the word ‘superseding’ throughout the relevant provisions of the Act and its regulations. ‘a decision superseding’ in section 12(9) means no more than a ‘decision taken pursuant to the power to supersede’ The court preferred to regard ‘a decision superseding’ as an error for ‘a decision taken pursuant to the power to supersede’.

Judges:

Lord Justice Dyson Lord Justice Rix Lady Justice Arden

Citations:

Times 11-Feb-2003, [2003] EWCA Civ 53

Links:

Bailii

Statutes:

Social Security Act 1998 10 12

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Social Security Commissioner, Ex Parte Chamberlain QBD 7-Jul-2000
On an application to review an earlier incapacity benefit decision, the adjudicating officer or tribunal must first decide if a material change of circumstances existed since the decision, or whether the decision was founded upon some mistake. Only . .
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 . .
Lists of cited by and citing cases may be incomplete.

Benefits, Human Rights

Updated: 27 November 2022; Ref: scu.178887

Regina v Secretary of State for Health, ex parte Richardson: ECJ 19 Oct 1995

ECJ Different ages for prescription charges between sexes were an unlawful discrimination. Pension differences were no justification for different eligibility for prescription.

Citations:

Independent 17-Nov-1995, Times 27-Oct-1995, C-137/94, [1995] EUECJ C-137/94

Links:

Bailii

Statutes:

Council Directive 79/7/EEC

Jurisdiction:

European

Benefits, Discrimination, European

Updated: 25 November 2022; Ref: scu.161354

Secretary of State for the Home Department, Regina (on the Application of) v Chief Asylum Support Adjudicator and Another: Admn 30 Nov 2006

The claimant had sought support which had been refused by the Home Secretary on the basis that he was no longer an asylum seeker. The claimant sought judicial review of the refusal of his appeal by the Chief Asylum Support adjudicator. The Home Secretary said that there was no jurisdiction to hear such an appeal.
Held: The review was refused on the facts, but the Adjudicator did have the jurisdiction claimed by virtue of the 2000 Regulations. S103 made provision for such disputes to be adjudicated swiftly.

Judges:

Judge Gilbart, QC

Citations:

[2006] EWHC 3059 (Admin), Times 22-Dec-2006

Links:

Bailii

Statutes:

Immigration and Asylum Act 1999 95 103, Asylum Support Regulations 2000 (SI 2000 No 704) 3

Jurisdiction:

England and Wales

Citing:

Endorsed – Regina (Secretary of State for the Home Department) v Chief Asylum Support Adjudicator and Another (Ahment Godan) CA 28-Oct-2003
The applicant was an asylum applicant. She sought to appeal a decision to stop support payments. She appealed a decision that she had no right to appeal.
Held: A decision which might give rise to an appeal only occurred if the applicant had an . .
Lists of cited by and citing cases may be incomplete.

Immigration, Benefits

Updated: 24 November 2022; Ref: scu.246757

Couronne and others v Bontemps and others: CA 2 Nov 2007

The applicants had come to the UK after being excluded from their own island of Chagos. They sought judicial review of the refusal of Job Seekers’ Allowance after a finding that they were not resident here.

Judges:

Ward LJ, Thomas LJ, Wa;; LJ

Citations:

[2007] EWCA Civ 1086, [2008] ACD 21, [2008] 1 WLR 2762

Links:

Bailii

Statutes:

Race Relations Act 1976, European Convention on Human Rights 14

Jurisdiction:

England and Wales

Benefits, Discrimination

Updated: 23 November 2022; Ref: scu.260195

Gezer, Regina (on the Application of) v Secretary of State for the Home Department: Admn 14 Apr 2003

Judges:

Moses J

Citations:

[2003] EWHC 860 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Gezer v Secretary of State for Home Department and others CA 2-Apr-2004
Application adjourned pending decision of House of Lords . .
Appeal from – Gezer v Secretary of State for the Home Department CA 17-Dec-2004
. .
Lists of cited by and citing cases may be incomplete.

Human Rights, Immigration, Benefits

Updated: 23 November 2022; Ref: scu.185315

Regina v Secretary of State for Home Department ex parte Bawa: Admn 27 Oct 1997

The court considered the effect of a decision letter issued by the Secretary of State but which was not sent to the applicant. Nevertheless it had the effect of stopping his benefits.
Held: The letter was clear and unambiguous; it is in no way inadequate. It puts beyond doubt the determination of the Secretary of State that this applicant did not qualify for asylum and gives clear and cogent reasons for so concluding. …. [The letter] is a sufficient record of the determination that the applicant was not entitled to asylum and had ceased to be an asylum seeker. The Benefits Agency was entitled to act accordingly.

Judges:

Potts J

Citations:

[1997] EWHC Admin 929

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Secretary of State for Home Department ex parte F S Salem Admn 11-Dec-1997
The applicant sought judicial review of a decision refusing him asylum. The decision had been made and his benefits stopped, but he was not given any detail of the notice for several months.
Held: The decision did appear to have been made and . .
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 . .
Lists of cited by and citing cases may be incomplete.

Immigration, Benefits

Updated: 23 November 2022; Ref: scu.137874

Regina v Powys County Council ex parte Hambridge: CA 2 Jul 1998

Statutory extensions of the council’s duty to provide new kinds of care, did not take away the authority’s power to charge for services given under the original section. The council may charge for community care services in the home provided to disabled person. Subsection (2) states that the section applies to services provided under a number of listed enactments, and it also applies to services provided under the 1970 Act even though the 1970 Act is not specifically listed.

Citations:

Times 20-Jul-1998, Gazette 26-Aug-1998, [1998] EWCA Civ 1143, [1998] 1 CCLR 458

Statutes:

Health and Social Services and Social Security Adjudications Act 1983, Chronically Sick and Disabled Persons Act 1970

Jurisdiction:

England and Wales

Cited by:

Cited – Spink, Regina (on the Application Of) v Wandsworth Borough Council Admn 20-Oct-2004
Parents requested the local authority to make provision for their severely disabled children. The local authority wished when deciding whether to provide adaptations of the house to make allowance for the parents’ financial resources.
Held: . .
Lists of cited by and citing cases may be incomplete.

Health, Benefits, Local Government

Updated: 20 November 2022; Ref: scu.144622

Balding, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 3 Apr 2007

The claimant sought judicial review of the respondent’s decision that he was liable, after his discharge from bankruptcy, to suffer deductions from his benefits of sums to repay an overpayment of benefit incurred before his bankruptcy.
Held: The respondent’s claim under section 71(1) was a bankruptcy debt, and as such was subject to release on the claimant’s discharge.

Judges:

Latham LJ, Davis J

Citations:

[2007] EWHC 759 (Admin), Times 01-May-2007, [2007] 4 All ER 422, [2007] BPIR 864, [2007] 1 WLR 1805

Links:

Bailii

Statutes:

Social Security Administration Act 1992 71(1), Insolvency Act 1986 382(4)

Jurisdiction:

England and Wales

Benefits, Insolvency

Updated: 19 November 2022; Ref: scu.250699

Secretary of State for Work and Pensions v Roach: CA 20 Dec 2006

The court considered the reduction of state benefits payable to a mother asking the Child Support Agencey not to pursue a claim against the father where there has been a history of domestic violence. The mother said she was frightened of retribution from the father. The tribunal had found her fears exaggerated, but the Commissioner had allowed her appeal.
Held: The Commissioners reasons for departing from the tribunal’s findings were insupportable. The test for ‘undue distress’ could not be subjective.

Citations:

[2006] EWCA Civ 1746, Times 05-Jan-2007

Links:

Bailii

Statutes:

Child Support Act 1991 46

Jurisdiction:

England and Wales

Citing:

Cited – Tote Bookmakers Ltd v Development and Property Holding Co. Ltd. 1985
Peter Gibson J defined the phrase undue hardship as ‘hardship . . not warranted by the circumstances’. . .
Lists of cited by and citing cases may be incomplete.

Child Support, Benefits

Updated: 19 November 2022; Ref: scu.247490

Secretary of State for Works and Pensions v Mohammed Miah: CA 25 Jul 2003

The claimant sought benefits. He had a large family which could only be housed in two adjacent houses. His claim for benefit was turned down on the basis that the second house was not regarded as his home, and therefore stood as capital, resulting in his exclusion from benefit. His appeal was allowed, and the Secrretay of State now appealed in turn.
Held: The important definition was ‘dwelling occupied as the home’ The scheme of Regulations was not drafted with any consistency, and the court could only look to the regulations themselves. The claimant used both houses as his home, and construing the regulations in a common sense way, the appeal failed.

Judges:

Lord Justice Ward, Lord Justice Mance, And Mr Justice Nelson

Citations:

[2003] EWCA Civ 1111, Times 05-Sep-2003, Gazette 02-Oct-2003

Links:

Bailii

Statutes:

Jobseekers Act 1995 13(1), Jobseekers Allowance Regulations 1996 107(1)

Jurisdiction:

England and Wales

Citing:

Cited – Hinchy v Secretary of State for Work and Pensions CA 20-Feb-2003
The appellant challenged an order requiring her to repay benefits. She had ceased to become entitled to disability allowance when it expired without renewal, and so also lost the right to a severe disability premium. She did not inform the second . .
Lists of cited by and citing cases may be incomplete.

Benefits

Updated: 19 November 2022; Ref: scu.185305

Geoffrey Chatwin v Janice Lowther: CA 21 May 2003

The case concerned the meaning of the phrase ‘compensation for earnings lost’ as it applied to self employed persons.
Held: The fact that a person’s accounts described fees as turnover, did not prevent them being still earnings within the Act.

Judges:

Lord Justice Brooke Lady Justice Hale Mr Justice Wilson

Citations:

[2003] EWCA Civ 729, Times 04-Aug-2003

Links:

Bailii

Statutes:

Social Security (Recovery of Benefits) Act 1997 Sch2 Col1

Jurisdiction:

England and Wales

Citing:

Cited – Russell v Town and County Bank HL 1888
Lord Herschell said: ‘The profit of a trade or business is the surplus by which the receipts from the trade or business exceed the expenditure necessary for the purpose of earning those receipts.’ . .
Cited – British Transport Commission v Gourley HL 1955
It is a universal rule that the plaintiff cannot recover more than he has lost and that realities must be considered rather than technicalities. The damages to be awarded for personal injury including loss of earnings should reflect the fact that . .
Cited – Williams v Devon County Council CA 18-Mar-2003
The claimant had recovered damages, but was ordered to pay costs since she had recovered less than was paid in. She appealed.
Held: There were anomalies in the system with regard to the recoverable social security benefits. The sums . .
Cited – Lim Poh Choo v Camden and Islington Area Health Authority HL 21-Jun-1979
The plaintiff was catastrophically injured. Her life expectation was not affected, but she would never be able to work at her expected profession as a doctor, and was entitled to recover for loss of earnings. The defendant said that there was in . .
Lists of cited by and citing cases may be incomplete.

Damages, Benefits

Updated: 19 November 2022; Ref: scu.185468

Black v Doncaster Metropolitan Borough Council: CA 22 Jun 1998

Defendant’s appeal from an order for the payment out of court of the sum of pounds 2,500 and made consequential orders as to costs.

Judges:

Stuart-Smith LJ

Citations:

[1998] EWCA Civ 1064, [1998] 3 All ER 631, [1999] 1 WLR 53

Links:

Bailii

Statutes:

Social Security (Recoupment) Regulations 1990

Jurisdiction:

England and Wales

Damages, Benefits

Updated: 19 November 2022; Ref: scu.144543

Secretary of State for Social Security and Another v Harmon and Another: CA 5 Jun 1998

Citations:

[1998] EWCA Civ 920, [1999] 1 WLR 163

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Secretary of State for Social Security v Harmon SSCS 5-Jun-1998
. .

Cited by:

Cited – Farley v Child Support Agency and Another; Farley v Secretary of State for Work and Pensions (No. 2) HL 28-Jun-2006
Magistrates were wrong to think they had a discretion to look at the validity of a liability assessment under child support legislation. The Act gave the payer alternative avenues of appeal, and therefore the Act should be read as it stated and the . .
Lists of cited by and citing cases may be incomplete.

Benefits, Administrative

Updated: 19 November 2022; Ref: scu.144399

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

The appellant was accused of having received income benefits to which he was not entitled. A prosecution was commenced and at the same time he appealed to the tribunal against the decision that there had been an overpayment. The authorities requested an adjournment pending the outcome of the criminal trial. The tribunal refused it. The appellant failed to appear, and the tribunal treated this as an application for an adjournment which it refused and proceeded to hear the appeal in his absence, finding against him. After leave was eventually given, he was convicted at the crown court and was awaiting the result of his appeal. The appellant said the tribunal should not have heard his appeal in his absence, and that the case should have followed the criminal trial.
Held: The balance between criminal and civil proceedings had not altered under the Human Rights Act: ‘the court still enjoys a real discretion whether or not to adjourn. The authorities make clear that a relevant consideration is whether the continuation of the civil proceedings will give rise to a real risk of prejudice to the defendant in the criminal proceedings. If there is a risk of prejudice, then I would expect it to weigh heavily in favour of an adjournment pending the conclusion of the criminal proceedings, but it will not necessarily be decisive. ‘ It as unrealistic to suggest that the court should have pursued a more inquisatorial role to investigate matters on behalf of the appellant where he had declined to assist or attend.

Judges:

LLoyd LJ, Richards LJ, Sir Peter Gibson

Citations:

[2007] EWCA Civ 1324, Times 28-Dec-2007

Links:

Bailii

Statutes:

Social Security Administration Act 1992 71, Housing Benefit (General) Regulations 1987 98 99

Jurisdiction:

England and Wales

Citing:

Cited – Jefferson Ltd v Bhetcha CA 1979
The plaintiffs brought a claim to recover monies appropriated by a former employee who was also facing prosecution for offences in connection with the same matters. The defendant sought a stay of the application for summary judgement.
Held: . .
Cited – V v C CA 6-Oct-2001
The defendant faced an application for summary judgment and also a criminal investigation and possible criminal proceedings in respect of the same matters. He said that to provide a detailed defence to the claim he would have to give information . .
Cited – Paal Wilson and Co v Partenreederei Hannah Blumenthal (The Hannah Blumenthal) HL 1983
The House was asked whether a contract to abandon an arbitration might be implied from conduct, or a lack of conduct.
Held: The abandonment of a contract can be effected by the entry of the parties, expressly or by necessary inference from . .
Cited – Bastick v James Lane (Turf Accountants) Ltd 1979
The court considered an appeal against a refusal of an adjournment of proceedings before the industrial tribunal when criminal proceedings on the same issues were pending.
Held: The court refused to interfere with the exercise of his dicretion . .
Cited – Bremer Vulkan Schiffbau Und Maschinenfabrik v South India Shipping Corp Ltd HL 1981
Where both parties to a contract are in breach of a mutual obligation owed by each to the other, neither can rely upon the other’s breach as giving him a right to terminate. The Court of Appeal has an inherent power to control its own procedure to . .
Cited – Payton, Regina v CACD 26-May-2006
The defendant appealed a conviction of possession of 66 grams of cannabis with intent to supply. Also found were a large number of small bags and pounds 7,000 in cash. The defendant said the cannabis was for his personal use, and the equipment had . .
Cited – Levey, Regina v CACD 27-Jul-2006
The defendant appealed against his conviction of manslaughter of his baby son. He said that a family court had previously investigated the same allegations and had explicitly found itself unable to say which of himself and the mother were . .
Cited – Secretary of State for Health and Others v Norton Healthcare Ltd and Others ChD 24-Jul-2003
The defendant sought a stay of a civil action against them, saying that the claimant’s own action in pursuing criminal proceedings deprived it of access to former employees who might provide evidence to allow them to defend the claim.
Held: It . .
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 – Mongan v Department for Social Development CANI 13-Apr-2005
application for disability living allowance . .

Cited by:

See Also – Mote v Regina CACD 21-Dec-2007
The defendant appealed his convictions for offences relating to the claiming of benefits, saying that he was immune from prosecution as a member of the European Parliament, and that the verdicts were inconsistent with acquittals on other charges. . .
Lists of cited by and citing cases may be incomplete.

Benefits, Litigation Practice

Updated: 19 November 2022; Ref: scu.262161

Howker v Secretary of State for Work and Pensions and Another: CA 8 Nov 2002

The applicant challenged the validity of regulations made by the respondent.
Held: The procedure under the Act envisaged that new regulations would be commented upon by the Social Security Advisory Committee. The Committee could allow a regulation to go through without comment, provided it received appropriate confirmation from the first respondent that the effect of the regulations was neutral or similar. In this case, the regulation was so certified, but incorrectly so, and had not been examined by the committee. The regulation was therefore ultra vires and invalid.

Judges:

Peter Gibson, Mance, Hale LJJ

Citations:

Times 19-Nov-2002, Gazette 16-Jan-2003, [2002] EWCA Civ 1623

Links:

Bailii

Statutes:

Social Security Administration Act 1992 172 173, Social Security (Incapacity for Work and General Amendments) Regulations 1996 (1996 No 484) 27

Jurisdiction:

England and Wales

Benefits, Constitutional

Updated: 18 November 2022; Ref: scu.178198

Edgard Mulders v Rijksdienst Voor Pensioenen: ECJ 18 Apr 2013

ECJ Social security – Regulation (EEC) No 1408/71 – Article 1(r) – Definition of ‘periods of insurance’ – Article 46 – Calculation of retirement pension – Periods of insurance to be taken into consideration – Frontier workers – Period of incapacity for work – Aggregation of similar benefits paid by two Member States – No account taken of a period of incapacity for work as a period of insurance – Residence requirement – Nation rules precluding the cumulation of benefits

Citations:

C-548/11, [2013] EUECJ C-548/11

Links:

Bailii

Statutes:

Regulation (EEC) No 1408/71

Jurisdiction:

European

Benefits

Updated: 17 November 2022; Ref: scu.472719

F.P. Jeltes v Raad Van Bestuur Van Het Uitvoeringsinstituut Werknemersverzekeringen: ECJ 11 Apr 2013

ECJ Social security for migrant workers – Article 45 TFEU – Regulation (EEC) No 1408/71 – Article 71 – Wholly unemployed atypical frontier workers who have maintained personal and business links in the Member State of last employment – Regulation (EC) No 883/2004 – Article 65 – Right to benefit in the Member State of residence – Refusal to pay by the Member State of last employment – Admissibility – Relevance of the judgment of the Court of 12 June 1986 in Case 1/85 Miethe – Transitional provisions – Article 87(8) – Concept of ‘unchanged situation’

Judges:

Ilesic P

Citations:

C-443/11, [2013] EUECJ C-443/11

Links:

Bailii

Statutes:

Regulation (EC) No 883/2004 65

European, Benefits

Updated: 17 November 2022; Ref: scu.472560

AB X and Y, Regina (on the Application of) v East Sussex County Council and Another: Admn 18 Feb 2003

The physical and psychological integrity which the state may in principle be under an obligation to take positive steps to protect under Article 8 included two particularly important concepts. The first was human dignity, the second was the right of the disabled to participate in the life of the community and to have access to essential economic and social activities and to an appropriate range of recreational and cultural activities.

Judges:

Munby J

Citations:

[2003] EWHC 167 (Admin)

Links:

Bailii

Statutes:

National Assistance Act 1948 29, Chronically Sick and Disabled Persons Act 1970 2, National Health Service and Community Care Act 1990 47, European Convention on Human Rights 8

Jurisdiction:

England and Wales

Citing:

Cited – Walker v Northumberland County Council QBD 16-Nov-1994
The plaintiff was a manager within the social services department. He suffered a mental breakdown in 1986, and had four months off work. His employers had refused to provide the increased support he requested. He had returned to work, but again, did . .

Cited by:

Cited – Spink, Regina (on the Application Of) v Wandsworth Borough Council Admn 20-Oct-2004
Parents requested the local authority to make provision for their severely disabled children. The local authority wished when deciding whether to provide adaptations of the house to make allowance for the parents’ financial resources.
Held: . .
Cited – Spink, Regina (on the Application Of) v Wandsworth Borough Council Admn 20-Oct-2004
Parents requested the local authority to make provision for their severely disabled children. The local authority wished when deciding whether to provide adaptations of the house to make allowance for the parents’ financial resources.
Held: . .
Cited – K v The School and the Special Needs and Disability Tribunal CA 6-Mar-2007
The child was subject to the school eventually declined to clean and change him. The mother claimed that the school was discriminating.
Held: The mother had understated the frequency of the bowel accidents. The school was not properly equipped . .
Lists of cited by and citing cases may be incomplete.

Local Government, Benefits, Human Rights

Updated: 14 November 2022; Ref: scu.181948

United Kingdom of Great Britain and Northern Ireland v Council of The European Union C-431/11: ECJ 21 Mar 2013

ECJ (opinion) External relations – Coordination of social security systems – Envisaged agreement on the amendment of Annex VI (Social Security) and Protocol 37 to the EEA Agreement – Extension of the system under Regulation (EC) No 883/2004 to the European Economic Area – Council Decision 2011/407/EU on the position to be taken by the European Union within the EEA Joint Committee – Choice of the correct substantive legal basis – Article 48 TFEU, Article 79(2)(b) TFEU or Article 217 TFEU

Judges:

Kokott AG

Citations:

[2011] EUECJ C-431/11

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – United Kingdom of Great Britain and Northern Ireland v Council of The European Union C-431/11 ECJ 21-Mar-2013
Coordination of social security systems – EEA Agreement – Proposal for an amendment – Council decision – Choice of legal basis – Article 48 TFEU – Article 79(2)(b) TFEU . .
Lists of cited by and citing cases may be incomplete.

Benefits

Updated: 14 November 2022; Ref: scu.471953

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

The appellant challenged stays of proceedings by the respondent magistrates court for abuse of process infringing the defendants’ human right to a fair trial. The magistrates had fund that being faced with dismissal of a summary case through delay, the appellant had increased the charges adding allegations of dishonesty which had not been put to the defendant.
Held: ‘The finding of a deliberate manipulation of the court process by a prosecutor is a very serious accusation and ought not to be based on inferences drawn from the conduct of an interview and the passage of time.’ There was nothing to indicate that the finally chosen offences were not justified by the evidence. Questions of delay as an infringement of the right to a fair trial arose as between the dat of charge and determination. The cae did not get to determination.

Citations:

[2006] EWHC 1156 (Admin)

Links:

Bailii

Statutes:

Social Security Administration Act 1992, European Convention on Human Rights

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Scunthorpe Justices ex parte McPhee and Gallagher Admn 24-Feb-1998
The defendant faced a charge of robbery. More than six months after the alleged offence the prosecution sought to add alternate charges including one of common assault. The magistrates declined jurisdiction on the ground that, more than six months . .
Cited – Regina v Ghosh CACD 5-Apr-1982
The defendant surgeon was said to have made false claims for payment for operations, and was charged under the 1968 Act. He claimed to have been entitled to the sums claimed, and denied that he had been dishonest. The court considered the meaning of . .
Cited – Attorney General’s Reference (No 1 of 1990) CACD 1990
A police officer attended an incident where two people were arrested. Complaints about his conduct were made of which he was given notice. A formal investigation was instituted and adjourned pending the outcome of criminal proceedings against those . .
Cited – Attorney-General’s Reference (No 2 of 2001) HL 11-Dec-2003
The house was asked whether it might be correct to stay criminal proceedings as an abuse where for delay. The defendants were prisoners in a prison riot in 1998. The case only came on for trial in 2001, when they submitted that the delay was an . .
Cited – Regina v Horseferry Road Magistrates’ Court, ex Parte Bennett (No 1) HL 24-Jun-1993
The defendant had been brought to the UK in a manner which was in breach of extradition law. He had, in effect, been kidnapped by the authorities.
Held: The High Court may look at how an accused person was brought within the jurisdiction when . .
Cited – Regina v Commissioner of Police of the Metropolis, Ex parte Blackburn CA 1968
Answerability of Chief Constables
The constitutional status of the Commissioner had never been defined, either by statute or by the courts. By common law police officers owe to the general public a duty to enforce the criminal law. The court considered the extent to which a court . .
Cited – Regina v J HL 14-Oct-2004
The defendant was to have been accused of having unlawful sexual intercourse with a girl under 16. Proceedings could not be brought, because the allegation was more than a year old, and he was instead accused of indecent assault, but on the same . .
Cited – Regina v Croydon Justices Ex Parte Dean QBD 9-Mar-1993
The applicant a 17 year old assisted the police in a murder investigation on the understanding, induced by the police, that he would not himself be prosecuted. Some weeks later, at the instance of the CPS, the applicant was charged with a lesser . .
Cited – Eckle v Germany ECHR 15-Jul-1982
Two fraud prosecutions against the claimants had lasted for 15 and 20 years respectively.
Held: Article 6.1 applies to all stages of criminal proceedings, including sentencing and any appeal. The ‘reasonable time’ in criminal matters, . .
Cited – Dyer v Watson and Burrows PC 29-Jan-2002
Parties challenged the compliance of proceedings with the convention where there had been considerable delay.
Held: The reasonable detention provision (article 5(3)) and the reasonable time requirement (article 6(1)) conferred free-standing . .
Lists of cited by and citing cases may be incomplete.

Benefits, Crime, Human Rights

Updated: 14 November 2022; Ref: scu.242204

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 State of the claim for asylum as having been determined. There is no reference to notification. The reference to ‘recorded’ is a formal criterion to be applied by looking at the records kept by the Secretary of State. It is used in contrast and contradistinction to any concept of notification.

Judges:

Lord Justice Hobhouse, Lord Justice Brooke, Sir John Balcombe

Citations:

Times 18-Mar-1998, [1998] EWCA Civ 409, [1999] QB 805

Statutes:

Income Support (General) Regulations 1987 70(3)(a)

Jurisdiction:

England and Wales

Citing:

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 Secretary of State for Home Department ex parte Bawa Admn 27-Oct-1997
The court considered the effect of a decision letter issued by the Secretary of State but which was not sent to the applicant. Nevertheless it had the effect of stopping his benefits.
Held: The letter was clear and unambiguous; it is in no way . .
Cited – Regina v Secretary of State for Home Department ex parte Karaoui Admn 11-Mar-1997
The court considered the withdrawal of benefits for asylum seekers once their application had been determined. The court could see no significant difference between withdrawing benefits once the decision is made, even if the decision and/or the . .
Cited – Regina v Secretary of State for the Home Department, Ex Parte Salem HL 3-Mar-1999
The House of Lords has the power to hear a case where the parties have in effect settled and there remains no lis at issue, but the House will not hear such an academic case where no general issue of importance is at stake, or the facts are . .
Cited – Regina v Secretary of State for the Home Department Ex Parte Onibiyo CA 28-Mar-1996
More than one asylum claim may be made, but they must be sufficiently different to justify a second claim. The court considered when an application could be treated as having been finally determined and when it was necessary for the Secretary of . .
Cited – Regina v Secretary of State for the Home Department ex parte Thirakumar and others CA 1989
After asylum application files had been considered by the Asylum Directorate the papers were returned to the immigration authorities at the relevant port of entry for the holding of a further interview with each of the applicants and the handing to . .
See Also – Regina v Secretary of State for Home Department ex parte Salem CA 19-Dec-1997
This was an appeal against refusal of leave to apply for a judicial review. The issue raised was parallel to issues raised in the Rafiq case which had been heard but on which judgment was presently reserved. The case revealed a real issue of law, . .

Cited by:

Cited – 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 . .
On appeal from – Regina v Secretary of State for the Home Department, Ex Parte Salem HL 3-Mar-1999
The House of Lords has the power to hear a case where the parties have in effect settled and there remains no lis at issue, but the House will not hear such an academic case where no general issue of importance is at stake, or the facts are . .
Appealed to – Regina v Secretary of State for Home Department ex parte F S Salem Admn 11-Dec-1997
The applicant sought judicial review of a decision refusing him asylum. The decision had been made and his benefits stopped, but he was not given any detail of the notice for several months.
Held: The decision did appear to have been made and . .
See Also – Regina v Secretary of State for Home Department ex parte Salem CA 19-Dec-1997
This was an appeal against refusal of leave to apply for a judicial review. The issue raised was parallel to issues raised in the Rafiq case which had been heard but on which judgment was presently reserved. The case revealed a real issue of law, . .
Lists of cited by and citing cases may be incomplete.

Benefits, Immigration

Updated: 14 November 2022; Ref: scu.143887

Nessa v Chief Adjudication Officer: CA 5 Feb 1998

The requirement that an applicant for income support must show ‘Habitual residence’ required a demonstration that in the applicant was in the UK voluntarily for settled purposes and an appreciable time should pass before income a support claim was made. (Thorpe, L.J. dissenting)

Judges:

Morritt, L.J. and Sir Christopher Staughton, Thorpe, L.J

Citations:

Times 11-Feb-1998, Gazette 05-Mar-1998, [1998] EWCA Civ 164, [1998] 2 All ER 728

Links:

Bailii

Statutes:

Income Support (General) Regulations 1987 Sch 7 para 17

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Secretary of State for Social Security Ex Parte Nessa QBD 15-Nov-1994
Regulations under which payments were made for funeral benefits were not susceptible to a challenge under the Race Relations Act, since they were an act of the Crown. . .

Cited by:

Appeal from – Nessa v Chief Adjudication Officer HL 3-Nov-1999
Mrs. Nessa arrived at Heathrow aged 55 having lived all her life in Bangladesh. Her husband, Mr. Mobarak Ali, had lived in the United Kingdom from 1962 until he died in 1975 and when she arrived here, Mrs. Nessa had a right of abode. She hoped to . .
Lists of cited by and citing cases may be incomplete.

Benefits

Updated: 14 November 2022; Ref: scu.143642

Regina v Secretary of State for the Home Department, Ex Parte Salem: HL 3 Mar 1999

The House of Lords has the power to hear a case where the parties have in effect settled and there remains no lis at issue, but the House will not hear such an academic case where no general issue of importance is at stake, or the facts are particular. There must be a good reason in the public interest for hearing such a case, and the House cited, as an example, a case: ‘where a discrete point of statutory construction arises which does not involve detailed consideration of facts and where a large number of similar cases exists or are anticipated so that the issue will most likely need to be resolved in the near future.’
Lord Slynn of Hadleigh said: ‘My Lords, I accept, as both counsel agree, that in a cause where there is an issue involving a public authority as to a question of public law, your Lordships have a discretion to hear the appeal, even if by the time the appeal reaches the House there is no longer a lis to be decided which will directly affect the rights and obligations of the parties inter se. The decisions in the Sun Life case and Ainsbury v Millington (and the reference to the latter in rule 42 of the Practice Directions applicable to Civil Appeals (January 1996) of your Lordships’ House) must be read accordingly as limited to disputes concerning private law rights between the parties to the case.’

Judges:

Lord Slynn of Hadley, Lord Mackay of Clashfern, Lord Jauncey of Tullichettle, Lord Steyn and Lord Clyde

Citations:

Gazette 03-Mar-1999, Times 12-Feb-1999, [1999] UKHL 8, [1999] 1 AC 450, [1999] 2 All ER 42, [1999] 2 WLR 483

Links:

House of Lords, Bailii, WLR

Jurisdiction:

England and Wales

Citing:

On appeal from – 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 – Ainsbury v Millington (Note) HL 1987
There had been a dispute between the parties as to a council house tenancy, but by the time it came before the House, the tenancy had ceased to exist, and the action was academic.
Held: Once the parties have settled their dispute there remains . .
Cited – Sun Life Assurance Co of Canada v Jervis HL 1944
The parties had disputed the terms of an insurance policy. The House considered whether it could hear the case once the dispute had been settled.
Held: There was no remaining dispute for the House to settle. Viscount Simon LC said: ‘My Lords, . .

Cited by:

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 – Corner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry CA 1-Mar-2005
The applicant sought to bring an action to challenge new rules on approval of export credit guarantees. The company was non-profit and founded to support investigation of bribery. It had applied for a protected costs order to support the . .
Cited – Bowman v Fels (Bar Council and Others intervening) CA 8-Mar-2005
The parties had lived together in a house owned in the defendant’s name and in which she claimed an interest. The claimant’s solicitors notified NCIS that they thought the defendant had acted illegally in setting off against his VAT liability the . .
Cited – Regina, (Ultraframe (UK) Ltd) v Central Arbitration Committee CA 22-Apr-2005
Two trade unions had sought recognition. Ballots had been held which almost secured recognition but fell a handful of votes short. The Unions criticised the way the ballots had been conducted, saying that a number of employees had not received . .
Cited – Harb v King Fahd Bin Abdul Aziz and Another CA 9-Nov-2005
The wife sought to continue her claim for ancillary relief despite the death of her husband, the former King of Saudi Arabia.
Held: The court’s jurisdiction over the King had been challenged. However the claimants claim now abated on the death . .
Cited – Rolls-Royce plc v Unite the Union CA 14-May-2009
The parties disputed whether the inclusion of length of service within a selection matrix for redundancy purposes would amount to unlawful age discrimination. The court was asked whether it was correct to make a declaratory judgment when the case . .
Cited – AVS v A NHS Foundation Trust and Another CA 17-Jan-2011
The claimant contracted sporadic Creutzfeldt Jakob’s Disease disease. He executed a Lasting Power of Attorney in favour of his brother, expressing to him that he should do whatever was possible to protract his life. The brother now sought treatment . .
Applied – Dolan and Others, Regina (on The Application of) v Secretary of State for Health and Social Care and Another CA 1-Dec-2020
Lockdown Measures not Ultra Vires the 1984 Act
The appellants, a businessman, and mother, appealed from refusal of leave to challenge regulations made in response to the Covid-19 pandemic on 26 March 2020 and since which introduced what was commonly known as a ‘lockdown’ in England. They . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Immigration, Benefits

Updated: 14 November 2022; Ref: scu.85536

Regina v Secretary of State for Home Department ex parte Salem: CA 19 Dec 1997

This was an appeal against refusal of leave to apply for a judicial review. The issue raised was parallel to issues raised in the Rafiq case which had been heard but on which judgment was presently reserved. The case revealed a real issue of law, and leave was granted.

Judges:

Lord Justice Hirst, Lord Justice Robert Walker, Mr Justice Harman

Citations:

[1997] EWCA Civ 3072

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Secretary of State for Home Department ex parte F S Salem Admn 11-Dec-1997
The applicant sought judicial review of a decision refusing him asylum. The decision had been made and his benefits stopped, but he was not given any detail of the notice for several months.
Held: The decision did appear to have been made and . .
See Also – 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 by:

Appealed to – Regina v Secretary of State for Home Department ex parte F S Salem Admn 11-Dec-1997
The applicant sought judicial review of a decision refusing him asylum. The decision had been made and his benefits stopped, but he was not given any detail of the notice for several months.
Held: The decision did appear to have been made and . .
See Also – 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 . .
Lists of cited by and citing cases may be incomplete.

Benefits, Immigration

Updated: 14 November 2022; Ref: scu.143471

Regina v Secretary of State for Home Department ex parte Karaoui: Admn 11 Mar 1997

The court considered the withdrawal of benefits for asylum seekers once their application had been determined. The court could see no significant difference between withdrawing benefits once the decision is made, even if the decision and/or the reasons have not yet been communicated to the applicant, and withdrawing them while the applicant pursues an appeal which in law he has a right to do. The purpose of the l996 Regulations was to deprive asylum seekers of benefits once a decision had been made by the Secretary of State. The only qualification was the requirement that the decision should be recorded. An asylum seeker was to be afforded benefits while the matter was being decided by the Secretary of State but not thereafter.

Citations:

[1997] EWHC Admin 247

Jurisdiction:

England and Wales

Cited by:

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 . .
Lists of cited by and citing cases may be incomplete.

Immigration, Benefits

Updated: 14 November 2022; Ref: scu.137192

Aldegonda Van Den Booren v Rijksdienst Voor Pensioenen: ECJ 7 Mar 2013

ECJ Social security for migrant workers – Article 46a of Regulation (EEC) No 1408/71 – National rules against overlapping – Old-age pension – Increase in the amount paid by a Member State – Survivor’s pension – Reduction in the amount paid by another Member State

Judges:

M Ilesic

Citations:

C-127/11, [2013] EUECJ C-127/11

Links:

Bailii

Statutes:

Regulation (EEC) No 1408/71 46A

Jurisdiction:

European

Benefits

Updated: 14 November 2022; Ref: scu.471532

JC v Department for Social Development (Bb): NISSCS 19 Oct 2011

Bereavement Benefit – The claimant is precluded by the rule of public policy known as the forfeiture rule (as defined in Article 3(1) of the Forfeiture (Northern Ireland) Order 1982) from receiving the whole or any part of a bereavement benefit or any other social security benefit or advantage consequent upon the death of her husband.

Citations:

[2011] NICom 219

Links:

Bailii

Northern Ireland, Benefits

Updated: 14 November 2022; Ref: scu.471437