Category: Benefits

Secretary of State for Work and Pensions v Tolley: ECJ 1 Feb 2017

ECJ (Judgment) Reference for a preliminary ruling – Social security – Regulation (EEC) No 1408/71 – Care component of disability living allowance – Person insured against the risk of old age who has definitively ceased all occupational activity – Concepts of ‘sickness benefit and ‘invalidity benefit’ – Exportability

Judges:

R. Silva de Lapuerta, P

Citations:

ECLI:EU:C:2017:74, [2017] EUECJ C-430/15

Links:

Bailii

Statutes:

Regulation (EEC) No 1408/71

Jurisdiction:

European

Benefits

Updated: 29 January 2022; Ref: scu.573831

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 to contributory benefits was a ‘possession’ by analogy with the proprietary right of a contributor to a private pension fund.

Citations:

5849/72, (1975) 3 DR 25

Jurisdiction:

Human Rights

Cited by:

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

Human Rights, Benefits

Updated: 29 January 2022; Ref: scu.184542

NVCS Ltd v Revenue and Customs (Statutory Maternity Pay – Entitlement To SMP): FTTTx 17 Oct 2019

STATUTORY MATERNITY PAY – entitlement to SMP – termination of employment when going on maternity leave – conciliation by ACAS – whether COT3 agreement can compromise claim to SMP – held that SMP is payable – s203 Employment Rights Act 1996 – Section 164, Social Security Contributions and Benefits Act 1992

[2019] UKFTT 635 (TC)
Bailii
England and Wales

Benefits

Updated: 27 January 2022; Ref: scu.644043

Zaniewicz-Dybeck v Pensionsmyndigheten: ECJ 7 Dec 2017

Social Security : Judgment – Reference for a preliminary ruling – Social security for migrant workers – Regulation (EEC) No 1408/71 – Article 46(2) – Article 47(1)(d) – Article 50 – Guaranteed pension – Minimum benefit – Calculation of pension entitlement

ECLI:EU:C:2017:946, [2017] EUECJ C-189/16
Bailii
European

Benefits

Updated: 27 January 2022; Ref: scu.601089

Rundgren: ECJ 10 May 2001

(Judgment) Social Security – Insurance contributions payable by pensioners who settled in a Member State before the entry into force in that State of Regulations (EEC) Nos 1408/71 and 1612/68 – Right of the State of residence to charge contributions on old-age and invalidity benefits paid by another Member State – Effect of an agreement by virtue of which the Nordic countries reciprocally waive all reimbursement of sickness and maternity benefits

[2001] EUECJ C-389/99, C-389/99, [2001] ECR I-3731, ECLI:EU:C:2001:264
Bailii
European

Benefits

Updated: 26 January 2022; Ref: scu.162779

Raad van bestuur van de Sociale verzekeringsbank v Wieland and Rothwangl: ECJ 27 Oct 2016

ECJ (Judgment) Reference for a preliminary ruling – Articles 18 and 45 TFEU – Social security for migrant workers – Regulation (EEC) No 1408/71 – Articles 3 and 94 – Regulation (EC) No 859/2003 – Article 2(1) and (2) – Old-age and survivor’s insurance – Former seafarers who are nationals of a third country which became a Member State of the European Union in 1995 – Excluded from entitlement to old-age benefit)

ECLI:EU:C:2016:820, [2016] EUECJ C-465/14
Bailii
Regulation (EEC) No 1408/71, Regulation (EC) No 859/2003
European

Benefits, Discrimination

Updated: 25 January 2022; Ref: scu.571262

Rijksdienst voor Pensioenen v Hoogstad: ECJ 26 Oct 2016

ECJ Judgment – Reference for a preliminary ruling – Social security – Regulation (EEC) No 1408/71 – Article 4 – Material scope – Deductions from statutory old-age pensions and all other supplementary benefits – Article 13 – Determination of the applicable legislation – Residence in another Member State

C-269/15, [2016] EUECJ C-269/15
Bailii
Regulation (EEC) No 1408/71 4 813
European

Benefits

Updated: 24 January 2022; Ref: scu.570586

Ghulam and Others, Regina (on The Application of) v Secretary of State for The Home Department and Another: Admn 24 Oct 2016

Three conjoined claims for judicial review challenging decisions by the Secretary of State setting the level of weekly support payments to asylum seekers pursuant to sections 95 to 98 of the Immigration and Asylum Act 1999

Flaux J
[2016] EWHC 2639 (Admin)
Bailii
England and Wales

Benefits, Immigration

Updated: 24 January 2022; Ref: scu.570547

Anderson (Inspector of Maybole Parish) v Paterson (Inspector of Irvine Parish): SCS 12 Jun 1878

A pauper child received parochial relief from the parish in which she was living at the time. Her father was an able-bodied man in another parish, but at the time when relief was first given he had no settlement in Scotland. After the father had acquired a residential settlement in that other parish, the inspector of poor in the parish which was affording relief gave the usual statutory notice of chargeability and a claim of relief to the inspector of poor in the parish of the father’s settlement, and intimated that the father, who still continued able-bodied, refused to maintain the child. In these circumstances the Court held that the parish where the father had a settlement, being the parish of settlement of the pauper at the date of the statutory notice, was liable to relieve the parish which had afforded relief of advances made after the date of the statutory notice.

[1878] SLR 15 – 620
Bailii
Scotland

Local Government, Benefits

Updated: 24 January 2022; Ref: scu.577386

Commission of The European Communities v European Parliament and Council Of The European Union: ECJ 7 May 2007

ECJ Opinion – Special non-contributory benefits – Regulation (EC) No 647/2005 of the European Parliament and of the Council of 13 April 2005 amending Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 – Finland: childcare allowance – Sweden: disability allowance and care allowance for disabled children – United Kingdom: disability living allowance, attendance allowance and carer’s allowance

Kokott AG
C-299/05, [2007] EUECJ C-299/05 – O
Bailii
Regulation (EC) No 647/2005
European

Benefits

Updated: 23 January 2022; Ref: scu.569558