![]() |
||
Links: Home | swarblaw - law discussions |
swarb.co.uk - law indexThese cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases. |
|
![]() ![]() |
![]() |
Benefits - From: 1985 To: 1989This page lists 24 cases, and was prepared on 03 April 2018. Baron v Secretary of State for Social Services [1985] UKSSCSC RM_6_1986 26 Apr 1985 SSCS Benefits [ Bailii ] CSB/1246/1986 Unreported 1986 1986 Benefits A benefit claimant's duty is to comply with the instructions in the order book. A disclosure which would be thought necessary only by a literal-minded pedant need not be made, but the safest course is to resolve doubts in favour of disclosure. 1 Citers R(SB) 15/87 Unreported, 1986 1986 SSAT Benefits "It is well settled that responsibility for keeping the Department informed of any change in a claimant's circumstances rests and remains upon the claimant . ." and ". . To whom is there this obligation to disclose? We are concerned here with breaches of the obligation which have the consequence that expenditure is incurred by the Secretary of State; and, in our view, the obligation is to disclose to a member or members of the staff of an office of the Department handling the transaction giving rise to the expenditure . . We accept that a claimant cannot be expected to identify the precise person or persons who have the handling of his claim. His duty is best fulfilled by disclosure to the local office where his claim is being handled, either in the claim form or otherwise in terms that make sufficient reference to his claim to enable the matter disclosed to be referred to the proper person . . But . . there can be other occasions when the duty can be fulfilled by disclosure elsewhere. This can happen, for instance, if an officer in another office of the Department of Health and Social Security or local unemployment benefit office accepts information in circumstances which make it reasonable for the claimant to think the matters disclosed will be passed on to the local office in question." 1 Citers Regina v Sedgemoor District Council Housing Benefit Review Board ex parte Weaden [1986] 84 LGR 850 1986 Benefits 1 Citers Cartlidge v Chief Adjudication Officer [1986] 1 QB 360 1986 CA Ralph Gibson LJ Benefits The section refers to "an employed earner who has lost employment as an employed earner by reason of a stoppage of work . ." An employed earner can "lose his employment" temporarily or permanently. National Insurance Act 1965 27(1)(a) 1 Citers Saker v Secretary of State for Social Services [1986] UKSSCSC RI_2_88 6 Aug 1986 SSCS Benefits [ Bailii ] Vaughan v United Kingdom; ECHR 1987 - 12639/87 Regina v Secretary of State for Social Services, ex parte Camden London Borough Council [1987] 1 WLR 819 1987 CA Slade, Parker and Mustill LJJ Benefits, Constitutional A directory referred to in a statutory instrument had not itself There was no legal flaw in a statutory instrument which fixed the amount of benefits by reference to a directory separately published by the Secretary of State. The directory had not been laid before Parliament with the draft instrument but was already in existence and able to be referred to. 1 Citers Borrie Clarke v Chief Adjudication Officer; ECJ 24-Jun-1987 - C-384/85 Burchell v Adjudication Officer; ECJ 9-Jul-1987 - C-377/85; R-377/85; [1987] EUECJ R-377/85 (Un-named) [1987] UKSSCSC CU_224_1986 10 Aug 1987 SSCS Benefits [ Bailii ] Saada Zaoui v Caisse Regionale D'Assurance Maladie De L'Ile-De-France (Cramif); ECJ 17-Dec-1987 - C-147/87; R-147/87; [1987] EUECJ R-147/87 Collini v Office National des Pensions pour Travailleurs Salaries; ECJ 17-Dec-1987 - C-323/86 (Un-named) [1988] NISSCSC C23-85(SuppBen) 5 Jan 1988 NISSCS Northern Ireland, Benefits [ Bailii ] Dik v College Van Burgemeester En Wethouders; ECJ 8-Mar-1988 - C-80/87 Sylvie Lair v Universitat Hannover C-39/86; R-39/86; [1988] EUECJ R-39/86; [1988] ECR 3161 21 Jun 1988 ECJ Lord Mackenzie Stuart, P European, Benefits European law draws a distinction between member state nationals who have not yet entered into an employment relationship in the host member state where they are looking for work and those who are already working in that state or who, having worked there but no longer being in an employment relationship, are nevertheless considered to be workers. 'the rights guaranteed to migrant workers do not necessarily depend on the actual or continuing existence of an employment relationship'. Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community 1 Citers [ Bailii ] (Un-named) [1988] UKSSCSC CSB_372_1987 14 Sep 1988 SSCS Benefits [ Bailii ] (Un-named) [1988] UKSSCSC CU_215_1987 29 Sep 1988 SSCS Benefits [ Bailii ] Regina v Secretary of State for Social Services, Ex parte Child Poverty Action Group; CA 1989 - [1990] 2 QB 540; [1989] 1 All ER 1047 (Un-named) [1989] UKSSCSC CM_299_1988 8 May 1989 SSCS Benefits [ Bailii ] (Un-named) [1989] UKSSCSC CSB_730_1987 26 Jun 1989 SSCS Benefits [ Bailii ] (Un-named) [1989] UKSSCSC CS_49_1989 27 Jun 1989 SSCS Benefits [ Bailii ] (Un-named) [1989] NISSCSC C4-88(UB) 9 Aug 1989 NISSCS Northern Ireland, Benefits [ Bailii ] Davies v Social Security Commissioner [1989] UKSSCSC CSB_1220_1988 26 Sep 1989 SSCS Benefits [ Bailii ] |
Copyright 2014 David Swarbrick, 10 Halifax Road, Brighouse, West Yorkshire HD6 2AG. |