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These 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: 1996 To: 1996

This page lists 180 cases, and was prepared on 03 April 2018.

 
(Un-named) [1996] UKSSCSC CI_4987_1995
1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CS_7934_1995
1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CIS_11304_1995
1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CI_5249_1995
1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CDLA_2364_1995
1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1995] NISSCSC A27/95(IS)
2 Jan 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1995] NISSCSC A33/95(DLA)
3 Jan 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CDLA_899_1994
4 Jan 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CDLA_267_1994
5 Jan 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CSIS_38_1994
9 Jan 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CS_137_1993
9 Jan 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CIS_6908_1995
9 Jan 1996
SSCS

Benefits

[ Bailii ]
 
Regina v Kensington and Chelsea Royal Borough Council Ex Parte Brandt Independent, 11 January 1996
11 Jan 1996
QBD

Benefits
Local Authority withholding housing benefit has no power to hold in interest bearing account.

 
(Un-named) [1996] UKSSCSC CIS_166_1994
11 Jan 1996
SSCS

Benefits

[ Bailii ]
 
Regina v Royal Borough of Kensington and Chelsea Housing Benefits Review Board ex parte Asmat Sheikh Munawar Sultana [1996] EWHC Admin 2
14 Jan 1996
Admn

Benefits

[ Bailii ]
 
(Un-named) [1995] NISSCSC CSC6/95
14 Jan 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CF_9_1994
16 Jan 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CSI_2_1995
18 Jan 1996
SSCS

Benefits

[ Bailii ]
 
Rider v Chief Adjudication Officer [1996] UKSSCSC CIS_144_1993
23 Jan 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CA_233_1995
24 Jan 1996
SSCS

Benefits

[ Bailii ]
 
Rider v Chief Adjudication Officer; Palmer v Same; Doyle v Same Times, 30 January 1996
30 Jan 1996
CA

Benefits
No severe disability premium for lone parent receiving attendance and mobility all.
Income Support (General) Regulations 1987 Sch 2 para 13

 
Regina v Secretary of State for Social Security, Ex parte Taylor and Chapman Times, 05 February 1996; [1997] BPIR 505
5 Feb 1996
ChD
Keene J
Benefits, Insolvency
The applicants were in turn the recipient of a Social Fund loan and a claimant who had been overpaid benefit. Both were later declared bankrupt. The Secretary of State then began to recover the loan and overpayment by deduction from their current benefits. They argued that he was unable to do so because of section 285(3) of the 1986 Act: that the right of deduction was a "remedy against the property or person of the bankrupt in respect of that debt". Held: Their entitlement was only to the net amount of benefit after deduction of the loan or overpayment and not to the full amount.
Insolvency Act 1986 285(3)
1 Cites

1 Citers


 
(Un-named) [1996] UKSSCSC CCR_4_1996
5 Feb 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1995] NISSCSC C8/95(IS)
6 Feb 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CCS_7395_1995
9 Feb 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1995] NISSCSC C32/95(DLA)
12 Feb 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
Regina v Secretary of State for Social Security ex parte Sherwin (a Patient By Her Next Friend Sherwin) CO/1724/95; (1996) 32 BMLR 1
16 Feb 1996
Admn
Lord Justice Kennedy and Mr Justice Latham
Constitutional, Benefits
An official in the Benefits Agency, part of the Department of Health and Social Security, suspended an income support/severe disability premium payable to the appellant. The court was asked whether the decision of the Agency, made under the authority of its chief executive, was to be regarded, as a matter of law, as the decision of the Secretary of State. The court examined the Framework document setting out the position of the Agency in relation to the DHSS which "acts on behalf of and in accordance with any directions, where appropriate, of the Secretary of State". Ministers - the Framework provided - remain accountable to Parliament for the full range of their responsibilities. Held:
After a close examination of the inter-relationship between the Agency and the Department, Lord Justice Kennedy concluded: "In my judgment, in the context of this case, the creation of the Benefits Agency has had no effect whatsoever on the operation of the Carltona principle. In addition to the cases to which I have referred, Mr Drabble referred us to a number of academic writings which I have read with interest. At the end of the day I came back to what was said by Lord Griffiths in Oladehinde. The decision was taken by a person of suitable seniority in the Agency (which was itself within the DSS) and it was taken by a person for whom the Secretary of State accepts responsibility. Therefore the Carltona principle applies."
Latham J added: "There may be circumstances in which an agency is established in such a way that a minister could no longer, on any sensible analysis, be accountable to Parliament for its actions. The report of the Efficiency Unit was alive to that particular problem. In my judgment however the Benefits Agency has been established in a way which does not create any such difficulty. The use of the word 'delegate' was perhaps unfortunate but it has to be read in context. The intention was to ensure that the administration of benefits was located within a structure which, so far as possible, was a recognisable entity with lines of managerial responsibility intended to make it effective. That did not affect the constitutional position when, in accordance with the guidance which I have set out above, Mr Ash exercised the Secretary of State's power under Regulation 37. That power was exercised by Mr Ash as a civil servant within the Department of Social Security on the authority of the Secretary of State in circumstances where the Secretary of State was answerable to Parliament."
1 Citers


 
(Un-named) [1996] UKSSCSC CCS_1890_1995
20 Feb 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CCS_8_1994
20 Feb 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CIS_5353_1995
21 Feb 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CSU_7_1995
22 Feb 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CCS_2468_1995
27 Feb 1996
SSCS

Benefits

[ Bailii ]
 
Regina v Waltham Forest London Borough Council Ex Parte Holder and Another Independent, 28 February 1996
28 Feb 1996
QBD

Benefits, Housing
Alternative accommodation offered was suitable even though the housing benefit claimant had no deposit to allow him to take up the accommodation.

 
(Un-named) [1996] UKSSCSC CG_5425_1995
4 Mar 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC C1/96(AA)
4 Mar 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1995] NISSCSC C46/95(DLA)
8 Mar 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC C1/96(REA)
8 Mar 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
Regina v Secretary of State for Social Security Ex Parte Golding Times, 15 March 1996
15 Mar 1996
QBD

Benefits
The reclaim system was not to be used to recover excess mortgage interest repayments.
Social Security (Claims and Payments) Regulations 1987/1968

 
(Un-named) CDLA/419/1994 [1996] UKSSCSC CDLA_419_1994
20 Mar 1996
SSCS

Benefits
The court was asked whether the claimant was entitled to the mobility component of disability living allowance. She had been awarded the care component at the lowest rate, and seemingly entitlement to a higher rate was not in issue. In the event, the tribunal, upholding the decision of the adjudication officer, decided that the claimant was not entitled to the mobility component.
[ Bailii ]
 
R(I) 2/97 [1996] UKSSCSC CI_7176_1995
20 Mar 1996
SSCS

Benefits
Prescribed disease A10 (occupational deafness) - work in engine room on land - whether "work in ships' engine rooms"
[ Bailii ]
 
(Un-named) [1996] NISSCSC C1/96(IVB)
21 Mar 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CIS_8485_1995
27 Mar 1996
SSCS

Benefits

[ Bailii ]
 
Moreno v Bundesanstalt fur Arbeit C-243/94; [1996] EUECJ C-243/94
28 Mar 1996
ECJ

Benefits
ECJ (Judgment) Social security for migrant workers - Family benefits - Article 74 of Regulation (EEC) No 1408/71.
[ Bailii ]
 
(Un-named) [1996] UKSSCSC CU_7238_1995
29 Mar 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CCR_5336_1995
29 Mar 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CM_158_1994
1 Apr 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CI_474_1995
1 Apr 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CI_11015_1995
1 Apr 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CIS_5034_1995
16 Apr 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CSIS_137_1994
17 Apr 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1995] NISSCSC C35/95(DLA)
22 Apr 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CIS_4521_1995
29 Apr 1996
SSCS

Benefits

[ Bailii ]
 
Mclavey v Chief Adjudication Officer [1996] UKSSCSC CF_44_1993
30 Apr 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC C20/96(DLA)
1 May 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC C19/96(DLA)
2 May 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC A17/96(DLA)
3 May 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
Botchett v Chief Adjudication Officer [1996] UKSSCSC CIS_576_1992
7 May 1996
SSCS

Benefits

[ Bailii ]
 
Botchett v Chief Adjudication Officer Times, 08 May 1996
8 May 1996
CA

Benefits
A mentally handicapped but not ill patient in a nursing home is not entitled to be paid income support.

 
(Un-named) C6/96(IS) [1996] NISSCSC C6/96(IS)
10 May 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) (DLA) [1996] NISSCSC C14/96(DLA)
10 May 1996
NISSCS

Benefits

[ Bailii ]
 
McLavey v Secretary of State for Social Security and Another Times, 10 May 1996
10 May 1996
CA

Benefits, Children
No child benefit was payable in respect of a child who was in the voluntary care of the Local Authority.
Children Act 1989 20 - Social Security Contributions and Benefits Act 1992

 
(Un-named)C18/96(DLA) [1996] NISSCSC C18/96(DLA)
10 May 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) C17 - 96(DLA) [1996] NISSCSC C17/96(DLA)
10 May 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CF_24_1994
14 May 1996
SSCS

Benefits

[ Bailii ]

 
 (Un-named) - R(CS) 13/98; SSCS 14-May-1996 - [1996] UKSSCSC CCS_6996_1995
 
Chief Adjudication Officer v Bate [1996] UKSSCSC CIS_787_1991
16 May 1996
SSCS

Benefits

[ Bailii ]
 
Barton v Chief Adjudication Officer [1996] UKSSCSC CIS_164_1994
16 May 1996
CA
Stuart-Smith, Peter Gibson and Thorpe LJJ
Benefits
Applicable amount - child maintained by local authority at residential educational establishment - whether "resident" and to be treated as possessing income
The claimant's income support was reduced by virtue of income attributed to children under regulation 44(3) of the Income Support (General) Regulations 1987 because they attended a boarding school in Norfolk and the fees were paid by the local education authority in Essex. That decision was upheld by a social security appeal tribunal. The claimant appealed to the Commissioner on the grounds that the children were not "resident" at the school as they attended in only certain weeks of the year. The Commissioner dismissed the appeal because it was logical that there should be a reduction of income support while the children were living elsewhere and there was no reason to distinguish between part year attendance and attendance for all 52 weeks of a year. The claimant appealed to the Court of Appeal.
Held, dismissing the appeal, that:
there is no authority for the proposition that a child cannot be resident at a school where he boards for only 35 weeks of the year;
securing the provision of boarding school accommodation in another County by direct payment of fees satisfies the requirement for maintenance in regulation 44(3)(a) so that the child must be treated as possessing the income prescribed.
[ Bailii ]
 
Bate v Chief Adjudication Officer Gazette, 17 May 1996; Times, 17 May 1996
17 May 1996
HL

Benefits
Severe disability premium not available to adult claimant residing with parents.
Income Support (General) Regulations 1987 (1987 No 1867) Sch2 13(2)(a
1 Cites

1 Citers


 
(Un-named) [1996] NISSCSC A13/96(DLA)
17 May 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC C26/96(DLA)
20 May 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC C25/96(DLA)
20 May 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CIS_8475_1995
21 May 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC C7/96(IS)
23 May 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC A13/96(IS)
23 May 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
O'Flynn v Adjudication Officer Times, 07 June 1996; C-237/94; [1996] All ER (EC) 541; [1996] ECR I-2617; [1996] EUECJ C-237/94
23 May 1996
ECJ

Benefits, European
A condition on the making of a funeral grant that the deceased be buried in that country was unlawful. Article 7(2) of Regulation No 1612/68 on freedom of movement for workers within the Community precludes a rule of a Member State which makes grant of a payment to cover funeral expenses incurred by a migrant worker subject to the condition that burial or cremation take place within the territory of that Member State. Unless objectively justified and proportionate to the aim pursued, a provision of national law, even if applicable irrespective of nationality, must be regarded as indirectly discriminatory, and hence not complying with the equality of treatment prescribed by Article 7(2), if it is simply intrinsically liable to affect migrant workers more than national workers and if there is a consequent risk that it will place the former at a particular disadvantage. Firstly, as regards funeral expenses, although the costs he incurs will be of the same type as and of comparable amount to those incurred by a national worker, it is above all the migrant worker who may, on the death of a member of the family, arrange for burial in another Member State, in view of the links which the members of such a family generally maintain with their State of origin. Secondly, the refusal to grant the payment if the funeral takes place in another Member State cannot be justified by considerations of public health, or by considerations relating to the cost of funerals, since the cost of transporting the coffin to a place distant from the deceased' s home is not covered in any event, or by the difficulty of checking the expenses incurred.
1 Citers

[ Bailii ]
 
(Un-named) [1996] NISSCSC C40/95(DLA)
23 May 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
O'Flynn v Adjudication Officer [1996] UKSSCSC CIS_51_1990
23 May 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1995] NISSCSC C44/95(DLA)
23 May 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC A144/96(DLA)
28 May 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
Rijksdienst Voor Arbeidsvoorziening v Van Gestel Gazette, 30 May 1996
30 May 1996
ECJ

Benefits, European
Unemployment benefit for migrant worker paid by country as agreed by worker.

 
(Un-named) [1995] NISSCSC A4/95(AA)
3 Jun 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CIS_627_1995
7 Jun 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC C32/96(DLA)
7 Jun 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CI_2879_1995
11 Jun 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC C29/96(DLA)
13 Jun 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CDLA_6166_1995
17 Jun 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC C28/96(DLA)
18 Jun 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC C30/96(DLA)
18 Jun 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
Secretary of State for Social Security and Chief Adjudication Officer v Nathalie Remilen [1996] EWCA Civ 509
18 Jun 1996
CA

Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC C1/96(SuppBen)
20 Jun 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) (Industrial Disablement Benefit) [1996] NISSCSC A3/96(II)
21 Jun 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC A64/96(DLA)
24 Jun 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC A9/96(IVB)
25 Jun 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]

 
 Regina v Secretary of State for Social Security Ex Parte B and the Joint Council for the Welfare of Immigrants; CA 27-Jun-1996 - Gazette, 12 September 1996; Times, 27 June 1996; [1997] 1 WLR 275; [1996] 4 All ER 385; [1996] EWCA Civ 1293
 
Cis 7319/95 (*41/96) [1996] UKSSCSC 1
28 Jun 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CIS_7319_1995
28 Jun 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CFC_6910_1995
3 Jul 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC C31/96(DLA)
8 Jul 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
Regina v Secretary of State for Social Security and Another, Ex Parte Armstrong Times, 10 July 1996
10 Jul 1996
CA

Benefits
The 'Cooking test' was to be applied to all and assuming a willingness to learn to cook.
Social Security Contributions and Benefits Act 1992 72(1)

 
(Un-named) [1996] NISSCSC C16/96(DLA)
11 Jul 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC C49/96(DLA)
11 Jul 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]

 
 Regina v Liverpool City Council Ex Parte Muldoon; Regina v Same Ex Parte Kelly; HL 11-Jul-1996 - Times, 11 July 1996; Gazette, 12 September 1996; [1996] 1 WLR 1103
 
Susan Patricia Burton v Mayor and Burgesses of London Borough of Camden [1996] EWCA Civ 522
21 Jul 1996
CA

Housing, Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CDLA_902_1994
24 Jul 1996
SSCS

Benefits

[ Bailii ]
 
Chief Adjudication Officer and Another v Steane and Another [1996] UKSSCSC CA_60_1993
24 Jul 1996
SSCS

Benefits

1 Cites

1 Citers

[ Bailii ]

 
 Cockburn v Chief Adjudication Officer; CA 30-Jul-1996 - Times, 30 July 1996
 
(Un-named) [1996] NISSCSC C52/96(DLA)
2 Aug 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1995] NISSCSC C18/95(IS)
2 Aug 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CCS_11260_1995
5 Aug 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC C2/96(IVB)
5 Aug 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC C54/96(DLA)
5 Aug 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC C11/96(IS)
5 Aug 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC C2/96(IB)
5 Aug 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC C1/96(SDA)
5 Aug 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC C51/96(DLA)
5 Aug 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC C53/96(DLA)
5 Aug 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC C12/96(IS)
5 Aug 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CIS_5242_1995
6 Aug 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1995] NISSCSC A97/95(DLA)
6 Aug 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
Steane v Chief Adjudication Officer and Another Gazette, 09 October 1996; Times, 08 August 1996; [1996] 1 WLR 1195
8 Aug 1996
HL

Benefits
Since no payments had been made by the Local Authority for care, a care home resident was entitled to claim Attendance Allowance.
Occupant of residential home paying charges himself may get attendance allowance.
National Assistance Act 1948 26
1 Cites

1 Citers


 
(Un-named) [1996] UKSSCSC CI_6942_1995
8 Aug 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CI_289_1994
13 Aug 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1995] NISSCSC C22/95(DLA)
14 Aug 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CIS_529_1994
16 Aug 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC C22/96(DLA)
16 Aug 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
Regina v Barrow Borough Council Housing Benefits Review Board ex parte Diane Elaine Catnach John Eric Thompson and Andrew Gerrard (By Their Next Friend Diane Osliffe) [1996] EWHC Admin 70
3 Sep 1996
Admn

Benefits

[ Bailii ]
 
Taflan-Met and others (Rec 1996,p I-4085) C-277/94; [1996] EUECJ C-277/94
10 Sep 1996
ECJ

European, Benefits
ECJ (Judgment) 1. In the absence of any express provision on its entry into force, Decision No 3/80 of the EEC-Turkey Association Council on the application of the social security schemes of the Member States to Turkish workers and members of their families entered into force on the date on which it was adopted and has been binding on the Contracting Parties since then. It follows from Articles 6, 22(1) and 23 of the EEC-Turkey Association Agreement that decisions of the Association Council are measures adopted by a body provided for by the Agreement and empowered by the Contracting Parties to adopt such measures. In so far as they implement the objectives set by the Agreement, such decisions are directly connected with the Agreement and, as a result of the second sentence of Article 22(1) thereof, have the effect of binding the Contracting Parties.
2. In common with provisions of agreements concluded by the Community with non-member countries, a provision adopted by an association council, set up by an association agreement to implement its provisions, must be regarded as being directly applicable when, regard being had to its wording and the purpose and nature of the agreement itself, the provision contains a clear and precise obligation which is not subject, in its implementation or effects, to the adoption of any subsequent measure.
Those conditions are not met by Decision No 3/80 of the EEC-Turkey Association Council on the application of the social security schemes of the Member States to Turkish workers and members of their families. In the same way that Regulation No 1408/71, to which Decision No 3/80 refers and which is also intended to coordinate the different legislation of the Member States within the Community, required the adoption of implementing measures, which were embodied in Regulation No 574/72, by its nature Decision No 3/80 was intended to be supplemented and implemented in the Community by a subsequent act of the Council.
It follows that, so long as the supplementary measures essential for implementing Decision No 3/80 have not been adopted by the Council, Articles 12 and 13 of that decision do not have direct effect in the territory of the Member States and are therefore not such as to entitle individuals to rely on them before the national courts.
[ Bailii ]
 
Regina v Secretary of State for Social Security ex parte Adrian Michael Moule [1996] EWHC Admin 74
12 Sep 1996
Admn

Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC C27/96(DLA)
12 Sep 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC C24/96(DLA)
12 Sep 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CDLA_11099_1995
16 Sep 1996
SSCS

Benefits

[ Bailii ]
 
Gaygusuz v Austria 17371/90; (1996) 23 EHRR 364; [1996] ECHR 36
16 Sep 1996
ECHR

Human Rights, Benefits
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 available under the material Austrian legislation, but one of the conditions was that the applicant should "possess Austrian nationality", and so the applicant was refused. Held: Article 14 taken with Article 1P applied to the case and had been violated. "36. According to the court's established case law, Article 14 of the Convention complements the other substantive provisions of the Convention and the Protocols. It has no independent existence since it has effect solely in relation to 'the enjoyment of the rights and freedoms' safeguarded by those provisions. Although the application of Article 14 does not presuppose a breach of those provisions – and to this extent it is autonomous – there can be no room for its application unless the facts at issue fall within one or more of them. 37. The applicant and the Turkish Government argued that Article 14 of the Convention was applicable in conjunction with Article 1 of Protocol No. 1. They referred to the reasoning of the Commission, which found that the award of emergency assistance was linked to the payment of contributions to the unemployment insurance fund. 38. The Austrian Government, however, submitted that emergency assistance did not come within the scope of Article 1 of Protocol No. 1. Entitlement thereto did not result automatically from the payment of contributions to the unemployment insurance fund. It was an emergency payment granted by the State to people in need. Consequently, Article 14 of the Convention was not applicable either. 39. The Court notes that at the material time emergency assistance was granted to persons who had exhausted their entitlement to unemployment benefit and satisfied the other statutory conditions laid down in… the… Act. Entitlement to this social benefit is therefore linked to the payment of contributions to the unemployment insurance fund, which is a precondition for the payment of unemployment benefit. It follows that there is no entitlement to emergency assistance where such contributions have not been made. 40. In the instant case it has not been argued that the applicant did not satisfy that condition; the refusal to grant him emergency assistance was based exclusively on the finding that he did not have Austrian nationality and did not fall into any of the categories exempted from that condition. 41. The Court considers that the right to emergency assistance – in so far as provided for in the applicable legislation – is a pecuniary right for the purposes of Article 1 of Protocol No. 1. That provision is therefore applicable without it being necessary to rely solely on the link between entitlement to emergency assistance and the obligation to pay 'taxes or other contributions'. Accordingly, as the applicant was denied emergency assistance on a ground of distinction covered by Article 14, namely his nationality, that provision is also applicable."
European Convention on Human Rights 14 1P
1 Cites

1 Citers

[ Bailii ] - [ Bailii ]
 
(Un-named) [1996] UKSSCSC CCS_11252_1995
18 Sep 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CIS_6010_1995
23 Sep 1996
SSCS

Benefits

[ Bailii ]
 
Cfc 019/90 [1996] UKSSCSC 2
23 Sep 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC A5/96(II)
25 Sep 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CIB_11293_1995
1 Oct 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CF_1015_1995
2 Oct 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1995] NISSCSC C13/95(IS)
2 Oct 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CIS_11441_1995
3 Oct 1996
SSCS

Benefits

[ Bailii ]
 
Regina v Hammersmith and Fulham London Borough Council, ex parte M; Regina v Similar Ex Parte P etc Gazette, 13 November 1996; Times, 10 October 1996; [1996] EWHC Admin 90; (1997) 1 CCLR 85; (1997) 30 HLR 10
8 Oct 1996
QBD

Benefits, Housing, Local Government
Destitute asylum seekers who were not entitled to welfare benefits could be in need of care and attention within the meaning of section 21 of the 1948 Act although they were no longer entitled to housing assistance or other social security benefits such as income support. The Act should be read so as to disallow a refusal by local authorities to house destitute asylum seekers. Local Authority has residual duty to support destitute asylum applicants who had been refused benefits.
National Assistance Act 1948 21 22
1 Cites

1 Citers

[ Bailii ]

 
 Chief Adjudication Officer and Another v Quinn (For Jane Harris) and Another; HL 9-Oct-1996 - Gazette, 09 October 1996; Times, 08 August 1996; [1996] UKSSCSC CIS_298_1992; [1996] 1 WLR 1184; CIS/641/1992; CIS/298/1992
 
Hoever and Zachow v Land Nordrhein-Westfalen C-245/94; [1996] EUECJ C-245/94
10 Oct 1996
ECJ

European, Benefits
ECJ Social security - Family benefits - Article 73 of Regulation (EEC) No 1408/71 - Article 4(1) of Directive 79/7/EEC - Article 7(2) of Regulation (EEC) No 1612/68.
Directive 79/7/EEC 4(1) - Regulation (EEC) No 1612/68 7(2) - Regulation (EEC) No 1408/71 73
[ Bailii ]
 
(Un-named) [1996] UKSSCSC CCS_8066_1995
10 Oct 1996
SSCS

Benefits

[ Bailii ]
 
Sally Brown v Chief Adjudication Officer [1996] EWCA Civ 695
10 Oct 1996
CA

Benefits

[ Bailii ]
 
Brown v Chief Adjudication Officer Gazette, 13 November 1996; Times, 16 October 1996
16 Oct 1996
CA

Benefits, Employment
A continuous series of daily contracts became one entitling employee to Statutory Sick Pay.
Social Security Contributions and Benefits Act 1992 153(1)

 
(Un-named) [1996] UKSSCSC CI_12678_1996
22 Oct 1996
SSCS

Benefits

[ Bailii ]
 
Regina v Secretary of State for Social Security, ex parte Sarwar and ex parte Getachew [1996] EWCA Civ 801
24 Oct 1996
CA

Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC C67/96(DLA)
25 Oct 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC C4/96(IB)
25 Oct 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC C35/96(DLA)
25 Oct 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
Frank Thomas v Chief Adjudication Officer [1996] EWCA Civ 816
28 Oct 1996
CA

Benefits

[ Bailii ]
 
Regina v Secretary of State for Social Security ex parte Costas Tamenene ('T') [1996] EWHC Admin 182
1 Nov 1996
Admn

Benefits

[ Bailii ]
 
Paul Leslie Harrison v Department of Social Security [1996] EWHC Admin 195
5 Nov 1996
Admn

Crime, benefits

Social Security Administration Act 1992 112
[ Bailii ]
 
(Un-named) [1996] NISSCSC C69/96(DLA)
7 Nov 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
Regina v Secretary of State for Social Security ex parte Sutherland Times, 02 January 1997; [1996] EWHC Admin 208
7 Nov 1996
Admn
Laws J
Benefits, Constitutional
The Secretary of State has no power to issue regulations which would withhold benefits pending an appeal against their refusal. Laws J said: "where the executive has been allowed by the legislature to make law, it must abide strictly by the terms of its delegated authority."
1 Citers

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CCR_8023_1995
7 Nov 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CCS_5079_1995
8 Nov 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CIS_564_1994
11 Nov 1996
SSCS

Benefits

[ Bailii ]
 
Cis 564/94 and 7250/95 (*68/96) [1996] UKSSCSC 3
11 Nov 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CDLA_8462_1995
19 Nov 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC C23/96(DLA)
19 Nov 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC C65/96(DLA)
20 Nov 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
Regina v Secretary of State for Social Security (ex parte Michale Cullen) [1996] EWHC Admin 252
21 Nov 1996
Admn

Benefits

[ Bailii ]
 
Haringey London Borough Council v Cotter Times, 09 December 1996; [1996] EWCA Civ 1018
21 Nov 1996
CA

Benefits
A rent allowance underpayment was not to be set off against Housing Benefit arrears.
Social Security Contributions and Benefits Act 1992
[ Bailii ]
 
Regina v London Borough of Lambeth ex parte Harrington, Howell and Glynn Times, 10 December 1996; [1996] EWHC Admin 261
22 Nov 1996
Admn

Benefits, Housing
Form of reasons for Housing benefits decisions is clear; no need for affidavits.
[ Bailii ]
 
Regina v London Borough of Hounslow ex parte Malik Javid Khan [1996] EWHC Admin 269
25 Nov 1996
Admn

Housing, Benefits

[ Bailii ]
 
Regina v Gloucestershire County Council ex parte Victoria Dadds [1996] EWHC Admin 311
3 Dec 1996
Admn

Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC A1/96(REA)
4 Dec 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
(Un-named) [1996] NISSCSC C33/96(DLA)
4 Dec 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
Driver v Chief Adjudication Officer Secretary of State for Social Security [1996] EWCA Civ 1130
6 Dec 1996
CA

Benefits

[ Bailii ]
 
Driver v Chief Adjudication Officer [1996] UKSSCSC CIS_467_1993
6 Dec 1996
SSCS

Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CI_12525_1996
7 Dec 1996
SSCS

Benefits

[ Bailii ]

 
 McMeechan v Secretary of State for Employment; CA 11-Dec-1996 - [1996] EWCA Civ 1166; [1997] IRLR 353; [1997] ICR 549
 
(Un-named) [1996] NISSCSC A97/96(DLA)
12 Dec 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
Downton v Department of Social Security [1996] EWCA Civ 1190
12 Dec 1996
CA

Benefits
Income Support.
[ Bailii ]
 
(Un-named) [1996] NISSCSC CSC1/96
12 Dec 1996
NISSCS

Northern Ireland, Benefits

[ Bailii ]
 
Regina v Sefton Housing Benefits Review Board ex parte Brennan [1996] EWHC Admin 365
13 Dec 1996
Admn

Benefits

[ Bailii ]
 
Campbell v Chief Adjudication Officer [1996] EWCA Civ 1240
18 Dec 1996
CA

Benefits

[ Bailii ]
 
(Un-named) [1996] UKSSCSC CIS_8415_1995
20 Dec 1996
SSCS

Benefits

[ Bailii ]
 
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