Category: Benefits

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:
Cited – Mathieson 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 He received Disability Living Allowance, but this was withdrawn when he had a lengthy stay in hospital.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 from – 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 . .

Cited by:
Appeal from – Mathieson 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 from – 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 He received Disability Living Allowance, but this was withdrawn when he had a lengthy stay in hospital.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 . .
At UT – Mathieson 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

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 from – 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. . .
Appeal from – Cockburn 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. . .
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 – 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. . .
Cited – 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 . .

Cited by:
Appealed to – 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. . .
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 – Mathieson 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 from – JS 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 from – 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.

Benefits, Human Rights, Discrimination

Updated: 30 November 2021; Ref: scu.521500

Regina v Chief National Insurance Commissioner Ex Parte Connor: QBD 1981

The court was asked whether the rule against forfeiture applied so as to disentitle an applicant from receiving a widow’s allowance when she had killed her husband with a knife. She had been held guilty of manslaughter but simply placed on probation.
Held: The forfeiture rule does not apply universally to all cases involving a finding of manslaughter. What matters is the nature and not the name of the crime. Approving Gray v Barr, Lord Lane CJ said: ‘I would respectfully agree with that dictum, and I would agree that in each case it is not the label which the law applies to the crime which has been committed, but the nature of the crime itself which in the end will dictate whether public policy demands the court to drive the applicant from the seat of justice. Where that line is to be drawn may be a difficult matter to decide, but what this court has to determine is whether in the present case what this applicant did was sufficient to disentitle her to her remedy.’ and ‘The fact that there is no specific mention in the act of disentitlement so far as the widow is concerned if she were to commit this sort of offence and so become a widow is merely an indication, as I see it, that the draftsman realised perfectly well that he was drawing this act against the background of the law as it stood at the time.’ As to the rule in Gray v Barr that not every form of illegality will cause a court to reject a claim: ‘I would respectfully agree with that dictum and I would agree that in each case it is not the label which the law applies to the crime which has been committed but the nature of the crime itself which in the end will dictate whether public policy demands the court to drive the applicant from the seat of justice. Where that line is to be drawn may be a difficult matter to decide, but what this court has to determine is whether in the present case what this applicant did was sufficient to disentitle her to her remedy.’ As the applicant had been found by the jury deliberately to have stabbed her husband, the rule applied.

Lord Lane CJ
[1981] 1 QB 758, [1981] 1 All ER 769
Social Security Act 1975 24
England and Wales
Citing:
Cited – Gray v Barr CA 1971
A husband had accidentally shot and killed his wife’s lover after threatening him with a shotgun.
Held: The court confirmed the decision at first instance. He was not liable to be indemnified by his insurers for the losses claimed against him . .
Cited – Regina v Secretary of State for the Home Department Ex Parte Puttick CA 1981
The applicant, then Astrid Proll, fled bail in Germany when awaiting trial on terrorist charges, entered England and under a false name, and married Mr Puttick. She resisted extradition saying that under the 1948 Act she was now a British National. . .

Cited by:
Cited – Dunbar (As Administrator of Tony Dunbar Deceased) v Plant CA 23-Jul-1997
The couple had decided on a suicide pact. They made repeated attempts, resulting in his death. Property had been held in joint names. The deceased’s father asked the court to apply the 1982 Act to disentitle Miss Plant.
Held: The appeal was . .
Cited – Sudershan Kumar Rampal v Surendra Rampal CA 19-Jul-2001
The parties were divorced, but when the husband applied for ancillary relief, the wife petitioned for nullity on the basis that the marriage was bigamous. The husband countered that she had known that his first marriage had only ended after this . .
Cited – J v S T (Formerly J) CA 21-Nov-1996
The parties had married, but the male partner was a transsexual, having been born female and having undergone treatment for Gender Identity Dysphoria. After IVF treatment, the couple had a child. As the marriage broke down the truth was revealed in . .
Cited – J and B CA 7-Nov-2002
The Crown prosecution service sought judicial review of a decision by the registrar of marriages to celebrate the marriage between the parties. He was due to face trial for murder, and she was to give evidence against him.
Held: The registrar . .
Cited – Regina v Registrar General, ex parte Smith CA 1991
The applicant was detained in Broadmoor, having been convicted of murder in 1977 and of manslaughter in 1980. He suffered from serious mental instability and psychosis The second killing was of a fellow prisoner whom he believed to be his adoptive . .
Cited – Hicks, Regina (on the Application of) v Secretary of State for the Home Department Admn 13-Dec-2005
The claimant, an Australian, presently held by the US as a suspected terrorist in Guantanamo Bay sought to be registered as a British Citizen, saying he was entitled to registration as of right.
Held: The past behaviour of an applicant was not . .
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 – Mack v Lockwood and Others ChD 19-Jun-2009
The claimant had been convicted of the manslaughter of his wife. He now applied for relief agsinst forfeiture of his share of her estate. He was elderly and had suffered some mental impairment after a stroke, which might have led him to misjudge his . .
Cited – Secretary of State for Communities and Local Government and Another v Welwyn Hatfield Borough Council SC 6-Apr-2011
The land-owner had planning permission to erect a barn, conditional on its use for agricultural purposes. He built inside it a house and lived there from 2002. In 2006. He then applied for a certificate of lawful use. The inspector allowed it, and . .
Cited – D v L and Others ChD 16-Apr-2003
The claimant had been found guilty of the manslaughter by diminished responsibility of the deceased. He now sought disapplication of the 1982 Act.
Held: The application failed: ‘The reforms introduced by the Homicide Act 1957 were designed to . .

Lists of cited by and citing cases may be incomplete.

Benefits, Family

Updated: 28 November 2021; Ref: scu.199530

Tolley (Deceased) v The Secretary of State for Work and Pensions: CA 23 Oct 2013

The Court was asked as to entitlement to receive the care component of disability living allowance when she moved permanently from the United Kingdom to Spain.

Jackson, Sullivan, Floyd LJJ
[2013] EWCA Civ 1471
Bailii
Council Regulation (EC) No 1408/71
England and Wales
Citing:
Cited – Martinez Sala v Freistaat Bayern ECJ 12-May-1998
ECJ A benefit such as the child-raising allowance, which is automatically granted to persons fulfilling certain objective criteria, without any individual and discretionary assessment of personal needs, and which . .
Cited – Revenue and Customs v Ruas CA 23-Mar-2010
The court was asked whether an obligation arose to pay child benefit for the children of a Portuguese worker resident here but no longer working for his children living in Portugal.
Held: The benefit was payable. . .
Appeal from – Secretary of State for Work and Pensions v LT (DLA) UTAA 19-Jul-2012
Disability Living Allowance – Appeal allowed – The respondent remained entitled to receive the care component of disability living allowance following her permanent move to Spain on 5 November 2002. The decision of 8 January 2007 under appeal, . .

Cited by:
Appeal from – Secretary of State for Work and Pensions v Tolley SC 29-Jul-2015
The Court was asked whether the United Kingdom is precluded, by Council Regulation (EC) No 1408/71 on the application of social security schemes to employed persons, self-employed persons and members of their families moving within the Community, . .

Lists of cited by and citing cases may be incomplete.

Benefits, European

Updated: 26 November 2021; Ref: scu.518031

Neath and Port Talbot Council v Secretary of State for Health: Admn 31 Jul 2013

The court was asked which of two the local authorities should pay for the continuing care of a man now nearing 50 years of age who suffered severe brain injury in a road traffic accident in 2005. He lacked mental capacity and required 24 hours’ care. The issue of funding in turn depended upon the authority in whose area SM is ordinary resident within the meaning of the 1948 Act.

Jarman J
[2013] EWHC 3341 (Admin)
Bailii
National Assistance Act 1948
England and Wales

Local Government, Benefits

Updated: 26 November 2021; Ref: scu.517803