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.
Peter Gibson, Mance, Hale LJJ
Times 19-Nov-2002, Gazette 16-Jan-2003, [2002] EWCA Civ 1623
Bailii
Social Security Administration Act 1992 172 173, Social Security (Incapacity for Work and General Amendments) Regulations 1996 (1996 No 484) 27
England and Wales

Updated: 03 May 2021; Ref: scu.178198