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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. |
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Benefits - From: 1994 To: 1994This page lists 145 cases, and was prepared on 03 April 2018. Regina v Solihull Metropolitan Council Housing Benefits Review Board Ex Parte Simpson Independent, 04 January 1994 4 Jan 1994 QBD Benefits Chairman of Housing Benefit Review Board must himself give reasons for decision. Regina v Solihull Metropolitan Borough Council Housing Benefits Review Board, ex parte Simpson Times, 05 January 1994 5 Jan 1994 QBD Benefits Persons eligible for housing benefit renting from parent not abusing system. (Un-named) [1992] NISSCSC C2/92(RP) 10 Jan 1994 NISSCS Northern Ireland, Benefits [ Bailii ] Regina v North Cornwall District Council ex parte Singer and Others; QBD 12-Jan-1994 - Ind Summary, 17 January 1994; Times, 12 January 1994 (Un-named) [1994] NISSCSC A11-94(IVB) 12 Jan 1994 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CF_18_1992 18 Jan 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] NISSCSC A3/94(ICA) 24 Jan 1994 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CA_303_1992 24 Jan 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CF_22_1992 24 Jan 1994 SSCS Benefits [ Bailii ] Maitland Toosey v Chief Adjudication Officer C-287/92; [1994] EUECJ C-287/92 27 Jan 1994 ECJ European, Benefits ECJ 1. The factor which determines whether Article 71 of Regulation No 1408/71 applies at all is the residence of the person concerned in a Member State other than that to whose legislation he was subject during his last employment. The first sentence of Article 71(1)(b)(ii) of Regulation No 1408/71 for that reason does not apply to a worker who moved with his family to a Member State where he resided and worked and where he suffered incapacity for work followed by invalidity, and who subsequently moved to another Member State without working there, before finally taking up residence in a third Member State, where, owing to his invalidity, he does not work or register for employment. Such a worker is consequently not covered by Article 39(5) of that regulation and must come within the general rule under Article 39(1), which provides that, with regard to invalidity benefit, the competent Member State is the State whose legislation was applicable at the time when incapacity for work followed by invalidity occurred, in this case the State of last employment. 2. It follows from Article 86 of Regulation No 1408/71 and from Article 35 of Regulation No 574/72 that when a claimant submits a claim for invalidity benefit to the institution of the State of residence, that institution is required to forward it to the institution of the competent Member State, that is to say, the State whose legislation was applicable at the time when incapacity for work followed by invalidity occurred. On the other hand, and in contrast to the system laid down with respect to other benefits, there is no provision in Regulation No 1408/71 which requires the institutions of the State of residence to pay invalidity benefit to a claimant, even if the competent State is required to make reimbursement, subject to the application of Article 114 of Regulation No 574/72 in the case of a dispute between the relevant institutions. Community law, however, does not in any way prohibit the institution of the State of residence from assisting a claimant in the submission of a claim to the institution of the competent State. [ Bailii ] Toosey v Chief Adjudication Officer [1994] UKSSCSC CS_46_1998 27 Jan 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CIS_508_1992 4 Feb 1994 SSCS Benefits [ Bailii ] R(S) 2/93 Gazette, 16 February 1994 16 Feb 1994 SSC Benefits Claimant not entitled to funeral benefit after lapse of housing benefit entitlement. Invalidity Benefit Case R (P) 4/93 Gazette, 16 February 1994 16 Feb 1994 SSC Benefits A differential increase in retirement pensions was intended by Parliament. Re H (A Minor) [1994] UKSSCSC CA_648_1991 17 Feb 1994 SSCS Benefits [ Bailii ] (No Title Given); SSAT 23-Feb-1994 - Gazette, 23 February 1994 (Un-named) R(I) 6/94 [1994] UKSSCSC CI_543_1992 23 Feb 1994 SSCS Benefits SSCS Disablement benefit - prescribed disease D1 (pneumoconiosis) - whether medical adjudicating authorities could consider alternative diagnosis although not specifically claimed [ Bailii ] Roks and others v Bestuur van de Bedrijfsvereniging voor de Gezondheid, Geestelijke en Maatschappelijke Belangen; ECJ 24-Feb-1994 - C-343/92; [1996] EUECJ C-343/92D; [1994] 2 CMLR 325 (Un-named) [1994] UKSSCSC CU_66_1993 24 Feb 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CIS_453_1993 4 Mar 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CIS_454_1993 7 Mar 1994 SSCS Benefits [ Bailii ] (Un-named) [1993] NISSCSC C2/93(SB) 8 Mar 1994 NISSCS Northern Ireland, Benefits [ Bailii ] Farrington Cis/219/1992 Gazette, 09 March 1994 9 Mar 1994 SSC Benefits A claimant is not entitled to claim sickness benefit whilst he is being treated for his illness abroad. Mohammed Khurshid Khan Gazette, 09 March 1994; CIS/255/89 9 Mar 1994 SSC Benefits, Registered Land A notice of deposit which had been lodged at the Land Registry was capable of being an encumbrance on the land for benefits law purposes, despite it not being a formal charge on the land under land law. Capital disregard is for fixed period, the onus to justify discharge lay on Adjudication Officer. (Un-named) [1994] UKSSCSC CM_84_1993 14 Mar 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CIS_526_1993 14 Mar 1994 SSCS Benefits [ Bailii ] Chief Adjudication Officer v Balmer and others [1994] UKSSCSC CS_140_1991 16 Mar 1994 SSCS Benefits [ Bailii ] R(M) 1/93 Gazette, 16 March 1994 16 Mar 1994 SSAT Benefits Powers of Disability Appeal Tribunal as regards medical questions. Family Credit - R(Fc) 1/94 Gazette, 16 March 1994 16 Mar 1994 SSC Benefits Calculation of family credit where rent free accommodation given. FaulknervChief Adjudication Officer [1994] UKSSCSC CI_129_1990 18 Mar 1994 SSCS Benefits [ Bailii ] R(SB) 15/92 Decision of Commissioner J G Mitchell Gazette, 30 March 1994 30 Mar 1994 SSAT Benefits Regulations can if necessary be interpreted against the clear meaning of the statute, in order to avoid an anomalous preservation of Supplementary Benefit. (Un-named) [1994] UKSSCSC CG_11_1991 30 Mar 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CFC_3_1992 6 Apr 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] NISSCSC C4-94(IVB) 6 Apr 1994 NISSCS Northern Ireland, Benefits [ Bailii ] Chief Adjudication Officer and Another v Ahmed and Others; CA 6-Apr-1994 - Independent, 20 April 1994; Times, 06 April 1994 Faulkner v Chief Adjudication Officer Times, 08 April 1994 8 Apr 1994 CA Benefits, Police Attending a football match was not 'in the course' of his employment as a police officer. Regina v Stoke CC ex parte Highgate Projects; Regina v Birmingham Cc ex parte Connolly Independent, 14 April 1994 14 Apr 1994 QBD Benefits, Local Government A Landlord has no locus standi to appeal against the assessment of Housing Benefit for his tenant. (Un-named) [1994] UKSSCSC CI_34_1993 19 Apr 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] NISSCSC C10-93(IS) 20 Apr 1994 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CIS_181_1993 20 Apr 1994 SSCS Benefits [ Bailii ] (Un-named) [1993] NISSCSC A29/93(IVB) 20 Apr 1994 NISSCS Northern Ireland, Benefits [ Bailii ] R(Is) 2/94 Gazette, 20 April 1994 20 Apr 1994 SSC Benefits The Income Support payment of interest for 16 weeks at half rate had to be restarted after a break in claim. The Department could not continue from where the previous support had been paid. R(Is) 1/94 Gazette, 20 April 1994 20 Apr 1994 SSC Benefits An applicant lost his income support transitional relief on he being remanded into custody. This counted as causing a break in the application. Mallinson v Secretary of State for Social Security [1994] UKSSCSC CA_117_1991 21 Apr 1994 SSCS Benefits 1 Cites 1 Citers [ Bailii ] (Un-named) (DLA) [1994] NISSCSC C2-93(DLA) 22 Apr 1994 NISSCS Benefits Disability Living Allowance [ Bailii ] Mallinson v Secretary of State for Social Security Gazette, 15 June 1994; Times, 28 April 1994; Independent, 26 April 1994; [1994] 1 WLR 630 26 Apr 1994 HL Lord Woolf and Lord Browne-Wilkinson Benefits A blind person needing help (active personal service) in getting about in unfamiliar places may be entitled to attendance allowance. The courts was willing to give "bodily functions" a fairly wide meaning. Seeing was a bodily function. Social Security Act 1975 35(1)(a) 1 Cites 1 Citers Miller v Chief Adjudication Officer [1994] UKSSCSC CA_608_1990 27 Apr 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CDWA_1_1992 27 Apr 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] NISSCSC A6/94(IVB) 27 Apr 1994 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1994] NISSCSC A6/94(SUPP BEN) 28 Apr 1994 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1994] NISSCSC A6/94(SUPP BEN) 28 Apr 1994 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1994] NISSCSC C5-94(IVB) 28 Apr 1994 NISSCS Northern Ireland, Benefits [ Bailii ] Chief Adjudication Officer and Another v Harris and Another; Same v Gibbon; CA 3-May-1994 - Independent, 03 May 1994 R(IS) 9/94 Gazette, 04 May 1994 4 May 1994 SSC Benefits For child to claim independent of parents danger needn't emanate from parents. (Un-named) [1994] NISSCSC C1-94(IS) 6 May 1994 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1994] NISSCSC C4-94(IS) 10 May 1994 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CDLA_21_1994 13 May 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] NISSCSC C18/93(AA) 27 May 1994 NISSCS Northern Ireland, Benefits [ Bailii ] Chief Adjudication Officer v Carr [1994] UKSSCSC CIS_561_1992 27 May 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CIS_267_1993 1 Jun 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CIS_63_1993 1 Jun 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] NISSCSC C1-94(WB) 1 Jun 1994 NISSCS Northern Ireland, Benefits [ Bailii ] Chief Adjudication Officer v Carr Times, 02 June 1994 2 Jun 1994 CA Benefits Prisoner on release entitled to income support only if available to work. Deutsche Angestellten-Krankenkasse v Laererstandens Brandforsikring [1994] ECR I-2259; C-428/92; [1994] EUECJ C-428/92 2 Jun 1994 ECJ Benefits (Judgment) Social security for migrant workers - Benefits payable under the legislation of one Member State for injury sustained in the territory of another Member State - Right of recoupment of the institutions responsible for benefits against the liable third party - Determination according to the national law of the institution responsible - National law not allowing the institution to be subrogated or bring an action for recoupment - Not effective against institutions of the other Member States [ Bailii ] Miller v Secretary of State for Social Security Ind Summary, 06 June 1994 6 Jun 1994 CA Benefits Disabled wife not to get night allowance for disabled Husband getting attendance allowance. (Un-named) [1995] NISSCSC A6/95(IS) 7 Jun 1994 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CI_79_1990 7 Jun 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] NISSCSC CSC 5/94 9 Jun 1994 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1994] NISSCSC CSC 5/94 9 Jun 1994 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1994] NISSCSC C6-94(IVB) 10 Jun 1994 NISSCS Northern Ireland, Benefits [ Bailii ] R(A) 1/94 Claimant Born Terminally Ill Gazette, 15 June 1994 15 Jun 1994 SSC Benefits Attendance allowance is payable for a child only after 26 weeks after birth. No allowance can be paid to a child who is expected to die shortly after birth but who needs attendance during that time. Appeals Out of Time R (Is) 5/94; SSC 15-Jun-1994 - Gazette, 15 June 1994 Widow's Benefit - Talaq R(G) 1/94 Gazette, 15 June 1994 15 Jun 1994 SSAT Benefits, Family A Talaq pronounced in the UK on a first marriage didn't make a second marriage monogamous. Income Support - Housing Costs and Bankruptcy R(Is) 6/94 Gazette, 15 June 1994 15 Jun 1994 SSC Benefits Loan for purchase of bankrupt partner's share qualified for interest payment. Invalidity Benefit - Burden of Proof On Review R(IS) 3/94; SSC 15-Jun-1994 - Gazette, 15 June 1994 (Un-named) [1994] NISSCSC C3-93(DLA) 15 Jun 1994 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CIS_598_1992 17 Jun 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CIS_743_1992 17 Jun 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] NISSCSC C14-93(IS) 24 Jun 1994 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1994] NISSCSC C2/94(SUPP BEN) 24 Jun 1994 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CIS_654_1993 24 Jun 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] NISSCSC C2-94 (Supp Ben 24 Jun 1994 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CI_606_1993 24 Jun 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] NISSCSC C2-94 (Supp Ben 24 Jun 1994 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1994] NISSCSC C2/94(SUPP BEN) 24 Jun 1994 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CP_1_1994 30 Jun 1994 SSCS Benefits [ Bailii ] Regina v Maidstone Borough Council ex parte Bunce Ind Summary, 19 September 1994; Times, 30 June 1994 30 Jun 1994 QBD Benefits The Review board was wrong to treat a pensioner as not in exceptional circumstance. It had to look at the individual, not on him as a member of a class. (Un-named) [1994] UKSSCSC CIS_743_1993 1 Jul 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] NISSCSC C7-94(IVB) 6 Jul 1994 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1995] NISSCSC A16/95(IS) 7 Jul 1994 NISSCS Northern Ireland, Benefits [ Bailii ] Bramhill v Chief Adjudication Officer [1994] UKSSCSC CP_17_1991 7 Jul 1994 SSCS Benefits [ Bailii ] Bramhill v Chief Adjudication Officer (Rec 1994,p I-3191) (Judgment) C-420/92; [1994] EUECJ C-420/92 7 Jul 1994 ECJ European, Benefits [ Bailii ] Plewa v Chief Adjudication Officer [1994] UKSSCSC CP_11_1992 7 Jul 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] NISSCSC CSC 1-94 8 Jul 1994 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1994] NISSCSC CSC 1-94 8 Jul 1994 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1994] NISSCSC C5-93(DLA) 11 Jul 1994 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CIS_33_1994 15 Jul 1994 SSCS Benefits [ Bailii ] Regina v Solihull Metropolitan Borough Council Housing Benefit Review Board ex parte Simpson Times, 19 July 1994 19 Jul 1994 CA Benefits Chairman to say that approves terms of decision and give reasons. Income Support R(Is)11/94 Gazette, 20 July 1994 20 Jul 1994 SSC Benefits Interest was claimable for income support on the entire loan for the costs of a house including loans for building work, and not just for the purchase. (Un-named) [1994] NISSCSC C8-94(IVB) 26 Jul 1994 NISSCS Northern Ireland, Benefits [ Bailii ] Plewa (Ex Jozef Plewa Dec) v Chief Adjudication Officer Gazette, 03 August 1994; Independent, 29 July 1994 29 Jul 1994 HL Benefits The presumption against retrospection applies to the recovery of benefits from third parties. Social Security Act 1986 53 (Un-named) [1994] UKSSCSC CI_520_1992 1 Aug 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CIS_758_1992 9 Aug 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] NISSCSC C4/94 (SUPP BEN 16 Aug 1994 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1994] NISSCSC C4/94 (SUPP BEN 16 Aug 1994 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CSI_78_1993 25 Aug 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CP_65_1993 26 Aug 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CIS_665_1993 2 Sep 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] NISSCSC A1/94(SDA) 12 Sep 1994 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CFC_41_1993 12 Sep 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CI_599_1993 15 Sep 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CI_160_1994 16 Sep 1994 SSCS Benefits [ Bailii ] Bettaccini v FNROM [1994] ECR I-4361; [1994] EUECJ C-301/93 22 Sep 1994 ECJ Benefits ECJ (Judgment) Social security for migrant workers - Increase in invalidity pension - Application of national rules against overlapping of benefits. [ Bailii ] Vroege v NCIV Instituut voor Volkshuisvesting B V C-57/93; [1994] ECR I-4541 28 Sep 1994 ECJ European, Discrimination, Employment, Benefits Europa The right to join an occupational pension scheme, the rules of which were not laid down directly by law but were the result of negotiation between both sides of the industry concerned and all that the public authorities did was, at the request of such employers' and trade union organizations as were considered to be representative, to declare the scheme compulsory for the whole of the industry concerned, is covered by the concept of pay within the meaning of Article 119 of the Treaty with the result that it is subject to the prohibition of discrimination on grounds of sex laid down by that article. It follows that an occupational pension scheme which by excluding married women from membership operates discrimination directly based on sex contravenes Article 119 of the Treaty. Where the exclusion concerns part-time workers, that provision is contravened only if the exclusion affects a greater number of women than men unless the employer shows that it may be explained by objectively justified factors unrelated to any discrimination on grounds of sex. The limitation of the effects in time of the judgment of 17 May 1990 in Case C-262/88 Barber concerns only those kinds of discrimination which employers and pension schemes could reasonably have considered to be permissible owing to the transitional derogations for which Community law provided and which were capable of being applied to occupational pensions. This does not cover discrimination in relation to membership of occupational pension schemes held to be unlawful under Article 119 of the Treaty in the judgment of 13 May 1986 in Case 170/84 Bilka which itself contained no temporal limitation of its effects. In the absence of such a limitation, whose later introduction is in any event excluded, the direct effect of Article 119 of the Treaty can be relied upon in order retroactively to claim equal treatment in relation to the right to join an occupational pension scheme and this may be done as from 8 April 1976, the date of the judgment in Case 43/75 Defrenne in which the Court held for the first time that Article 119 has direct effect. The Protocol on Article 119 of the Treaty, annexed to the Treaty on European Union, concerns all benefits paid by an occupational social security scheme but not the right to join such a scheme. The question of membership is thus governed by the judgment of 13 May 1986 in Case 170/84 Bilka according to which an undertaking which, without objective justification unrelated to any discrimination on grounds of sex, accords different treatment to men and women by excluding a category of employees from a company pension scheme infringes Article 119 of the Treaty. 1 Citers Smith v Chief Adjudication Officer [1994] UKSSCSC RIS_21_1995 11 Oct 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CU_115_1993 18 Oct 1994 SSCS Benefits [ Bailii ] Smith v Chief Adjudication Officer Ind Summary, 31 October 1994 31 Oct 1994 CA Benefits Enterprise allowance payment was not remuneration and therefore benefits were to continue. Social Security Act 1986 20(3) (Un-named) [1994] NISSCSC C5-94(Supp Ben) 2 Nov 1994 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1994] NISSCSC C5-94(Supp Ben) 2 Nov 1994 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CI_701_1993 3 Nov 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CIS_119_1994 9 Nov 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CIS_220_1994 9 Nov 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] NISSCSC A12-94(IS) 11 Nov 1994 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CDLA_85_1994 11 Nov 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CSIS_51_1994 14 Nov 1994 SSCS Benefits [ Bailii ] Whelan v Chief Adjudication Officer Ind Summary, 14 November 1994 14 Nov 1994 CA Benefits The 'primary responsibility' for a child was to be looked at as being from week to week, not on the basis of who had 'normal responsibility'. (Un-named) [1994] UKSSCSC CDLA_42_1994 14 Nov 1994 SSCS Benefits [ Bailii ] Regina v Secretary of State for Social Security Ex Parte Nessa Gazette, 08 February 1995; Times, 15 November 1994 15 Nov 1994 QBD Discrimination, Benefits 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. Race Relations Act 1976 20 1 Citers (Un-named) [1994] UKSSCSC CSIS_78_1993 21 Nov 1994 SSCS Benefits [ Bailii ] Child Benefit: Absence From Bg European Communityr 1408/71 Gazette, 23 November 1994 23 Nov 1994 SSC Benefits Payment of tax on pension doesn't make parent UK resident for child benefit. R(Is) 19/94 Gazette, 23 November 1994 23 Nov 1994 SSC Benefits Income support reduced for co-extensive period with reduction in unemployment benefit. (Un-named) [1994] UKSSCSC CIS_745_1993 24 Nov 1994 SSCS Benefits [ Bailii ] Bate v Chief Adjudication Officer and Another Times, 12 December 1994; Independent, 02 December 1994 2 Dec 1994 CA Benefits A disabled adult living with her parents was still entitled to receive the severe disability premium. Income Support (General) Regulations 1987 1 Cites 1 Citers Elsie Rita Johnson v Chief Adjudication Officer C-410/92; [1994] EUECJ C-410/92; [1995] ICR 375 6 Dec 1994 ECJ European, Benefits, Discrimination Europa Social policy - Equal treatment for men and women in matters of social security - Directive 79/7 - Article 4(1) - Direct effect - National legislation limiting the period prior to the bringing of a claim for benefit for incapacity for work in respect of which arrears are payable - Whether permissible - Directive not properly transposed prior to the bringing of the claim - Not relevant (Council Directive 79/7, Art. 4(1)) The right conferred on women by the direct effect of Article 4(1) of Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security to claim benefits for incapacity for work under the same conditions as men must be exercised under the conditions determined by national law, provided that those conditions are no less favourable than those relating to similar domestic actions and that they are not framed so as to render virtually impossible the exercise of rights conferred by Community law. It follows that, in so far as those conditions are satisfied, Community law does not preclude the application, to a claim based on the direct effect of Directive 79/7, of a rule of national law which merely limits the period prior to the bringing of the claim in respect of which arrears of benefit are payable, even where that directive has not been properly transposed within the prescribed period in the Member State concerned. 1 Citers [ Bailii ] Johnson v Chief Adjudication Officer [1994] UKSSCSC CS_111_1989 6 Dec 1994 SSCS Benefits [ Bailii ] Regina v Ssat Chairman Ex Parte O'Hara Gazette, 07 December 1994 7 Dec 1994 QBD Benefits, Judicial Review Chairman's refusal to allow renewal of an appeal out of time for a claimant with Down's syndrome was not Wednesbury unreasonable. The regulations expressly forbade a renewal of such an application once refused. (Un-named) [1994] UKSSCSC CSB_15_1994 8 Dec 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CSDLA_128_1994 12 Dec 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CIS_571_1994 12 Dec 1994 SSCS Benefits [ Bailii ] Hassall and Pether v Secretary of State for Social Security [1994] UKSSCSC CCR_1_1993 14 Dec 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CIS_26_1994 15 Dec 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] NISSCSC C7/94(IS) 21 Dec 1994 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CIS_91_1994 21 Dec 1994 SSCS Benefits [ Bailii ] (Un-named) [1994] UKSSCSC CSCS_1_1994 21 Dec 1994 SSCS Benefits [ Bailii ] Regina v Sheffield Housing Benefits Review Board Ex Parte Smith Times, 28 December 1994 28 Dec 1994 QBD Benefits Board may look at all terms of arrangement to see if 'on commercial basis'. Housing Benefit (General) Regulations 1987 (1987 No 1971) |
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