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		Benefits - From: 1997 To: 1997 This page lists 227 cases, and was prepared on 03 April 2018. Â (Un-named) (Incapacity Benefit) [1997] UKSSCSC CIB_14587_1996 1997 SSCS Benefits The question for determination by the tribunal was whether the claimant was able to satisfy the "All Work Test" i.e. to show that he was incapable of all work. In order to succeed, he had to qualify for 15 points, as provided for in the Schedule to the 1995 Regulations. The adjudication officer had not been prepared to award any points, but although on appeal the tribunal accepted that the claimant scored 14 points, this was not enough to satisfy the All Work Test, with the result that the claimant could not be regarded as incapable of work. Social Security (Incapacity for Work) (General) Regulations 1995 [ Bailii ] Â Regina v Westminster City Council and others ex parte M, P, A and X [1997] 1 CCLR 85; (1997) 9 Admin LR 504 1997 CA Woolf MR Immigration, Benefits Destitute asylum-seekers could derive benefit from section 21. Held: "The destitute condition to which asylum-seekers can be reduced as a result of the 1996 Act coupled with the period of time which, despite the Secretary of State's best efforts, elapses before their applications are disposed of means inevitably that they can fall within a class who local authorities can properly regard as being persons whose needs they have a responsibility to meet by the provision of accommodation under section 21(1)(a)." The National Assistance Act 1998 was "a prime example of an Act which is ´always speaking' and so should be construed ´on a construction, that continuously updates its wording to allow for changes since the Act was initially framed'" National Assistance Act 1948 21 1 Citers Â Regina v Westminster City Council ex parte M (1997) 1 CCLR 85 1997 Benefits, Housing, Immigration 1 Citers Â (Un-named) CIB/14332/96 [1997] UKSSCSC CIB_14332_1996 1997 SSCS Benefits Incapacity Benefit [ Bailii ] Â (Un-named) [1997] UKSSCSC CI_5408_1995 3 Jan 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1996] NISSCSC C34/96(DLA) 7 Jan 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [1995] NISSCSC CSC5/95 9 Jan 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CIS_11861_1996 10 Jan 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1996] NISSCSC C8/96(IB) 21 Jan 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [1996] NISSCSC C4/96(IS) 21 Jan 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [1996] NISSCSC C37/96(DLA) 21 Jan 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â Regina v Mayor and Burgesses of London Borough of Newham ex parte Kaur [1997] EWHC Admin 44 21 Jan 1997 Admn Benefits Application for review of decision not to backdate application for housing benefit. Housing Benefit (General) Regulations 1987 79(2) [ Bailii ] Â (Un-named) [1997] UKSSCSC CIS_7330_1995 22 Jan 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1996] NISSCSC CSC5/96 24 Jan 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â Regina v Secretary of State for Employment ex parte Bernice Karen Brookner; Chief Adjudication Officer ex parte Bernice Karen Brookner v Social Security Appeals Tribunal [1997] EWCA Civ 858 28 Jan 1997 CA Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CSCS_13_1995 28 Jan 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1996] NISSCSC CSC3/96 30 Jan 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [1996] NISSCSC CSC2/96 30 Jan 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CIS_12022_1996 30 Jan 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CIS_7273_1995 30 Jan 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC cdla_14307_1996 31 Jan 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CIS_11482_1995 31 Jan 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CIS_15611_1996 3 Feb 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CI_12201_1996 5 Feb 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CP_11496_1995 5 Feb 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1996] NISSCSC C3/96(IVB) 11 Feb 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [1997] NISSCSC CSC1/97 11 Feb 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [1996] NISSCSC C4/96(AA) 12 Feb 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [1996] NISSCSC A4/96(AA) 12 Feb 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â Regina v Westminster City Council ex parte A, London Borough of Lambeth ex parte X and similar [1997] EWCA Civ 1032; (1997-98) 1 CCL Rep 85; (1998) 30 HLR 10; (1997) 9 Admin LR 504; (1997) 1 CCLR 85 17 Feb 1997 CA The Master of The Rolls (Lord Woolf), Lord Justice Waite, Lord Justice Henry Housing, Benefits, Immigration This was an appeal from orders of certiorari quashing the decisions of three local authorities refusing to provide accommodation for the respondents, four asylum seekers, whose applications for asylum were presently being considered by the Secretary of State. Held: Appeal dismissed. Asylum seekers are not entitled merely because they lack money and accommodation to claim they automatically qualify under section 21(1)(a). They can claim as result of the 1996 Act that as a result of their predicament after they arrive in this country reach a state where they qualify under the subsection because of the effect upon them of the problems under which they are labouring. In addition to the lack of food and accommodation is to be added their inability to speak the language, their ignorance of this country and the fact they have been subject to the stress of coming to this country in circumstances which at least involve their contending to be refugees. Inevitably the combined effect of these factors with the passage of time will produce one or more of the conditions specifically referred to in section 21(1)(a). It is for the authority to decide whether they qualify. In making their decision, they can bear in mind the wide terms of the Direction which gives a useful introduction to the application of the subsection. The authorities can anticipate the deterioration which would otherwise take place in the asylum seekers condition by providing assistance under the section. They do not need to wait until the health of the asylum seeker has been damaged. National Assistance Act 1948 21(1)(a) 1 Cites 1 Citers [ Bailii ] Â Regina v Hammersmith and Fulham London Borough Council Ex Parte M etc Times, 19 February 1997; [1997] EWCA Civ 3095; (1997) 9 Admin LR 504; (1997-98) 1 CCL Rep 85; (1998) 30 HLR 10 17 Feb 1997 CA Lord Woolf MR, Waite, Henry LJJ Benefits, Local Government, Immigration The court recognised the potential role of local authorities under section 21(1)(a) in meeting the needs of those seeking asylum and otherwise, but having benefits withheld pending determination of their claims. Asylum seekers who had been excluded from the benefits system are to be supported by the local authority. National Assistance Act 1948 21(1) 1 Citers [ Bailii ] Â (Un-named) [1997] UKSSCSC CIS_14850_1996 18 Feb 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CIS_7097_1995 20 Feb 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CIS_12783_1996 21 Feb 1997 SSCS Benefits Funeral payment - estranged son of deceased - whether reasonable to accept responsibility having regard to the nature and extent of contact with the deceased [ Bailii ] Â (Un-named) [1997] UKSSCSC CDLA_1304_1995 6 Mar 1997 SSCS Benefits [ Bailii ] Â Cdla 1304/95 [1997] UKSSCSC 4 6 Mar 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CCS_12686_1996 7 Mar 1997 SSCS Benefits [ Bailii ] Â *Ccs 12686/96 (C11/97) [1997] UKSSCSC 5 7 Mar 1997 SSCS Benefits [ Bailii ] Â Chief Adjudication Officer v Upton [1997] EWCA Civ 1200 10 Mar 1997 CA Benefits [ Bailii ] Â Regina v Secretary of State for Home Department ex parte Abdel Aziz Karaoui and Regina v Secretary of State for Home Department ex parte Ahmed Abbad [1997] EWHC Admin 247 11 Mar 1997 Admn Immigration, Benefits The court considered the withdrawal of benefits for asylum seekers once their application had been determined. The court could see no significant difference between withdrawing benefits once the decision is made, even if the decision and/or the reasons have not yet been communicated to the applicant, and withdrawing them while the applicant pursues an appeal which in law he has a right to do. The purpose of the l996 Regulations was to deprive asylum seekers of benefits once a decision had been made by the Secretary of State. The only qualification was the requirement that the decision should be recorded. An asylum seeker was to be afforded benefits while the matter was being decided by the Secretary of State but not thereafter. 1 Citers [ Bailii ] Â (Un-named) [1996] NISSCSC A140/96(DLA) 11 Mar 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â Â Longden v British Coal Corporation; HL 13-Mar-1997 - Gazette, 08 January 1998; Times, 28 November 1997; [1997] UKHL 52; [1997] 3 WLR 1336; [1998] AC 653; [1998] 1 All ER 289 Â McMullan v Chief Adjudication Officer [1997] EWCA Civ 1233 13 Mar 1997 CA Benefits [ Bailii ] Â (Un-named) [1996] NISSCSC C9/96(IS) 13 Mar 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CCS_2908_1995 13 Mar 1997 SSCS Benefits [ Bailii ] Â Samuel Blakemore v Secretary of State for Social Security [1997] EWHC Admin 274 14 Mar 1997 Admn Benefits [ Bailii ] Â West Somerset District Council v Sykes [1997] EWCA Civ 1259 14 Mar 1997 CA Benefits, Housing [ Bailii ] Â (Un-named) [1997] UKSSCSC CSIB_38_1996 17 Mar 1997 SSCS Benefits [ Bailii ] Â Ccs 12682/96 (C12/97)* [1997] UKSSCSC 6 17 Mar 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CCS_12682_1996 17 Mar 1997 SSCS Benefits [ Bailii ] Â Â Mulvey v Secretary of State for Social Security; HL 20-Mar-1997 - [1997] UKHL 10; 1997 SC (HL) 105 Â R v Social Security Commissioner ex parte Snares [1997] UKSSCSC CDLA_913_1994 21 Mar 1997 SSCS Benefits [ Bailii ] Â Â Regina v Gloucestershire County Council and Another, Ex Parte Barry; HL 21-Mar-1997 - Gazette, 09 April 1997; Times, 21 March 1997; [1997] AC 584; [1997] UKHL 58; [1997] 2 WLR 459; [1997] 2 All ER 1; (1997) 9 Admin LR 209; (1997-98) 1 CCL Rep 40; (1997) 36 BMLR 92 Â (Un-named) [1997] UKSSCSC R[DLA]499 21 Mar 1997 SSCS Benefits [ Bailii ] Â Regina v Spelthorne Borough Council ex parte Khan [1997] EWCA Civ 1313 21 Mar 1997 CA Benefits, Housing The claimant sought payment of housing benefit. The defendant refused, saying she had a relationship with the owner of the house, and that the tenancy was not genuine. [ Bailii ] Â (Un-named) [1997] UKSSCSC CIS_14342_1996 24 Mar 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CSDLA_126_1996 24 Mar 1997 SSCS Benefits [ Bailii ] Â Regina v London Borough of Kensington and Chelsea ex parte Pirie [1997] EWHC Admin 331 26 Mar 1997 Admn Housing, Benefits [ Bailii ] Â Regina v Secretary of State for the Home Department Ex Parte Karaoui; Regina v Same Ex Parte Abbad Times, 27 March 1997 27 Mar 1997 QBD Benefits Asylum seekers not to have benefit stopped before told of refusal of claim. Â Regina v Social Fund Inspector; Ex Parte Harper Times, 31 March 1997 31 Mar 1997 QBD Benefits Social Fund may not be used to make ineligible payments for maternity costs. Social Security Contributions and Benefits Act 1992 138(1)(b Â (Un-named) [1997] UKSSCSC CIS_14141_1996 2 Apr 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CIB_14202_1996 7 Apr 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CCS_13455_1996 7 Apr 1997 SSCS Benefits [ Bailii ] Â *Ccs 13455/96 (C14/97) [1997] UKSSCSC 7 7 Apr 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CIS_14261_1996 9 Apr 1997 SSCS Benefits [ Bailii ] Â Chief Adjudication Officer v Kathleen Knight [1997] EWCA Civ 1369 9 Apr 1997 CA Benefits [ Bailii ] Â Cfc 2298/95 (40/97)* [1997] UKSSCSC 8 9 Apr 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CFC_2298_1995 9 Apr 1997 SSCS Benefits [ Bailii ] Â Chief Adjudication Officer v Knight [1997] UKSSCSC CIS_841_1994 9 Apr 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1996] NISSCSC A40/96(IB) 15 Apr 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â In the Matter of an Application for Leave To Move for Judicial Review, Regina v Salisbury District Council ex parte Nicholas Markham-David [1997] EWCA Civ 1404 15 Apr 1997 CA Benefits, Housing [ Bailii ] Â (Un-named) [1996] NISSCSC A3/96(IB) 15 Apr 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [1996] NISSCSC A98/96(DLA) 15 Apr 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CIS_12703_1996 16 Apr 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CIS_14551_1996 16 Apr 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CIS_13059_1996 17 Apr 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CSG_7_1996 18 Apr 1997 SSCS Benefits [ Bailii ] Â Regina v Social Security Commissioner ex parte Maurice Boyer [1997] EWHC Admin 397 21 Apr 1997 Admn Benefits A renewed application was made for leave to apply for judicial review. No sufficient reason for extending time limit had been given. Application refused. [ Bailii ] Â Regina v Somerset County Council ex parte Faith Gertrude Harcombe (By Her Son and Next Friend David Peter Timothy Harcombe) Times, 07 May 1997; [1997] EWHC Admin 422 28 Apr 1997 Admn Benefits, Local Government, Local Government A charge placed upon a house by the respondent local authority to secure payment for residential care for the owner was valid. The authority had a broad discretion which it had validly exercised. National Assistance Act 1948 - National Assistance (Assessment of Resources) Regulations 1992 (1992 No 2977) [ Bailii ] Â (Un-named) [1997] UKSSCSC CIB_14442_1996 29 Apr 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1996] NISSCSC CSC4/96 6 May 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [1996] NISSCSC C71/96(DLA) 7 May 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [1996] NISSCSC C5/96(AA) 7 May 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [1996] NISSCSC C73/96(DLA) 7 May 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â Ellis v Chief Adjudication Officer [1997] EWCA Civ 1642 8 May 1997 CA Benefits [ Bailii ] Â Regina v Secretary of State for Social Security ex parte Cullen Chief Adjudication Officer v Nelson [1997] UKSSCSC CA_171_1993 8 May 1997 SSCS Benefits [ Bailii ] Â Regina v Secretary of State for Social Security ex parte Michael John Cullen and Secretary of State for Social Security and Chief Adjudication Officer v Ronald Nelson Times, 16 May 1997; [1997] EWCA Civ 1651 8 May 1997 CA Benefits The Secretary of State had a discretion, but no duty, to include an attendance allowance claim in a claim for income support. There was no requirement on him to allow backdating. Social Security Act 1975 80 [ Bailii ] Â Ellis v Chief Adjudication Officer [1997] UKSSCSC CIS_69_1994 8 May 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1996] NISSCSC A25/96(IB) 12 May 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â Regina v London Borough of Newham ex parte Gorenkin [1997] EWHC Admin 463 13 May 1997 Admn Local Government, Benefits, Immigration National Assistance Act 1948 21 Â (Un-named) [1997] NISSCSC C15/97(DLA) 14 May 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â Ellis v Chief Adjudication Officer Times, 14 May 1997 14 May 1997 CA Benefits Conditional gift of house was clear enough for house to be counted as capital of claimant. Â Rita Mary Byrne v Chief Adjudication Officer [1997] EWCA Civ 1711 15 May 1997 CA Benefits Mobility component of a disability allowance. Social Security Contributions and Benefits Act l992 73 [ Bailii ] Â Harris v Secretary of State for Social Security [1997] UKSSCSC CDLA_640_1994 15 May 1997 SSCS Benefits [ Bailii ] Â Council of City of Plymouth v Gigg [1997] EWCA Civ 1724 16 May 1997 CA Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CIS_12403_1996 16 May 1997 SSCS Benefits [ Bailii ] Â (Un-named) (Invalidity Pension) [1997] UKSSCSC CS_184_1994 20 May 1997 SSCS Benefits Claim - claimant relying on a decision of the Court of Appeal - whether tribunal bound by section 68 of the Social Security Administration Act 1992 On 2 December 1992, the Court of Appeal held in Cottingham and Geary v. Chief Adjudication Officer and Secretary of State for Social Security (reported as R(P) 1/93) that occupational pensions did not qualify as "earnings" for the purposes of calculating a claimant's entitlement to an increase of benefit in respect of a dependant. On 5 December 1992, legislation reversed that decision. On 16 March 1993, the claimant claimed an increase of invalidity pension in respect of his wife who was in receipt of an occupational pension which, if treated as earnings, would have had the effect that the increase was not payable. The adjudication officer decided that the claimant was entitled to the increase only from 2 December 1992 to 4 December 1992, on the basis that the occupational pension prevented payment under the new legislation from 5 December 1992 and that payment before the date of the Court of Appeal's decision was precluded by section 68 of the Social Security Administration Act 1992. Section 68 provided that, where a court had found a decision of an adjudication officer to have been erroneous in point of law and a claim in another case would, apart from section 68, have fallen to be determined in accordance with the decision of the court, entitlement in respect of a period before the date of the decision of the court should be determined as thought the court had not found the adjudication officer to have erred in law. The claimant appealed to a tribunal who considered that, as an appellate body, they were not bound by section 68 and awarded the increase from a date before 2 December 1992. The adjudication officer appealed. Held, allowing the appeal, that: the House of Lords' decision in Bate v. Chief Adjudication Officer (reported as R(IS) 12/96) applied to section 68 (claims) as it applied to section 69 (reviews) and therefore, when section 68 restricted the power of an adjudication officer to award benefit, it equally restricted the power of a tribunal to award benefit on appeal from that adjudication officer; the Court of Appeal in Cottingham and Geary had indirectly found erroneous in law the adjudication officers' decisions refusing benefit in the cases before them and section 68 therefore operated in the present case to prevent the increase of invalidity pension being awarded before the date of the Court of Appeal's decisio [ Bailii ] Â Secretary of State for Social Security v Fairey Cockburn v Chief Adjudication Officer [1997] UKSSCSC CA_124_1993 21 May 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CSIS_42_1996 21 May 1997 SSCS Benefits [ Bailii ] Â Cockburn v Chief Adjudication Officer and Another and Secretary of State for Social Services v Fairey Gazette, 18 June 1997; Times, 26 May 1997; Times, 20 March 1997; [1997] UKHL 18; [1997] 3 All ER 844; [1997] 1 WLR 799 21 May 1997 HL Lord Goff of Chieveley Lord Mustill Lord Slynn of Hadley Lord Hope of Craighead Lord Clyde Benefits 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 Social Security and Contributions Act 1992 64(2)(a) 72(1)(b)(I) 1 Cites 1 Citers [ House of Lords ] - [ Bailii ] Â *Ci 094/94 and Ci 600/94 (46/97) [1997] UKSSCSC 9 28 May 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CSG_6_1995 30 May 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] NISSCSC C12/97(IB) 3 Jun 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [1996] NISSCSC C62/96(DLA) 3 Jun 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CSIB_42_1996 4 Jun 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1996] NISSCSC C55/96(DLA) 4 Jun 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [1996] NISSCSC C8/96(IS) 4 Jun 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [1997] NISSCSC C1/97(UB) 4 Jun 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â Ccs 16535/96 (19/97)* [1997] UKSSCSC 10 5 Jun 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CCS_16535_1996 5 Jun 1997 SSCS Benefits [ Bailii ] Â Perry v Chief Adjudication Officer [1997] EWCA Civ 1808 6 Jun 1997 CA Benefits [ Bailii ] Â Regina v Newham London Borough Council Ex Parte Gorenkin Times, 09 June 1997 9 Jun 1997 QBD Benefits Local Authority have no duty to provide benefitless asylum seeker with food vouchers unless they were already providing housing. National Assistance Act 1948 21 Â Regina v Secretary of State for the Home Department Ex Parte Boybeyi Gazette, 11 June 1997 11 Jun 1997 CA Benefits Local Authority have no duty to provide food vouchers to single asylum seeker not getting benefits if not providing him with housing. National Assistance Act 1948 21 Â Chief Adjudication Officer v Dickinson Chief Adjudication Officer v Patterson [1997] UKSSCSC CI_4707_1995 11 Jun 1997 SSCS Benefits 1 Citers [ Bailii ] Â Chief Adjudication Officer v Patterson; Same v Dickinson Times, 10 July 1997; [1997] EWCA Civ 1830 11 Jun 1997 CA Benefits Delay in disablement assessments is not a good cause for the extension of time for award of reduced earnings allowance. Social Security (Claims and Payments) Regulations 1987/1968 R19(2) 1 Cites [ Bailii ] Â Williams v Solicitors To Department of Social Security [1997] EWCA Civ 1838 11 Jun 1997 CA Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CIB_15325_1996 12 Jun 1997 SSCS Benefits [ Bailii ] Â Regina v North Yorkshire County Council Ex Parte Hargreaves Times, 12 June 1997 12 Jun 1997 QBD Health, Local Government, Benefits The local authority's duty to facilitate holidays for the disabled includes the power to fund the basic cost of such holidays. Chronically Sick and Disabled Persons Act 1970 1 Cites Â (Un-named) [1997] NISSCSC A5/97(IS) 12 Jun 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â Dyer v Chief Adjudication Officer [1997] EWCA Civ 1862 13 Jun 1997 CA Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CIS_13276_1996 16 Jun 1997 SSCS Benefits [ Bailii ] Â Cis 15594/96 [1997] UKSSCSC 11 16 Jun 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CF_3110_1995 17 Jun 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1996] NISSCSC C72/96(DLA) 18 Jun 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CIS_858_1994 18 Jun 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CS_310_1993 18 Jun 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CCS_13450_1996 19 Jun 1997 SSCS Benefits [ Bailii ] Â Chief Adjudication Officer v Coombe [1997] UKSSCSC CSI_S83_1994 19 Jun 1997 SSCS Benefits [ Bailii ] Â Ccs 13450/96 [1997] UKSSCSC 12 19 Jun 1997 SSCS Benefits [ Bailii ] Â Cis 51/90 [1997] UKSSCSC 13 19 Jun 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CIS_14483_1996 24 Jun 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CDLA_16902_1996 24 Jun 1997 SSCS Benefits [ Bailii ] Â Fuljan Bibi v Chief Adjudication Officer Times, 10 July 1997; Gazette, 09 July 1997; [1997] EWCA Civ 1957 25 Jun 1997 CA Benefits, Family A widow from a polygamous marriage is not entitled to the widowed mother's allowance, despite the payment of national insurance contributions by the deceased father. There must have been a valid English marriage, according to the lex loci. Social Security Contributions and Benefits Act 1992 37 1 Citers [ Bailii ] Â John Dobson Campbell v Chief Adjudication Officer [1997] EWCA Civ 1961 25 Jun 1997 CA Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CIS_12909_1996 25 Jun 1997 SSCS Benefits [ Bailii ] Â Cis 12909/96 [1997] UKSSCSC 14 25 Jun 1997 SSCS Benefits [ Bailii ] Â Fuljan Bibi v Chief Adjudication Officer [1997] UKSSCSC CG_41_1994 25 Jun 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CDLA_7980_1995 30 Jun 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] NISSCSC C22/97(IB) 30 Jun 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â Chief Adjudication Officer and Secretary of State for Social Security v Anthony Webber Times, 11 July 1997; Gazette, 16 July 1997; [1997] EWCA Civ 1998 1 Jul 1997 CA Benefits A student moving from a full time to a part time basis within his course is not to be debarred from claiming benefits on the change of status. Social Security and Benefits Act 1992 [ Bailii ] Â Chief Adjudication Officer v Webber [1997] UKSSCSC CIS_576_1994 1 Jul 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1996] NISSCSC A136/96(DLA) 7 Jul 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [1996] NISSCSC C9/96(IB) 9 Jul 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â Queen v Secretary of State for Health ex parte Hammersmith and Fulham Lbc and Others [1997] EWHC Admin 658 9 Jul 1997 Admn Benefits National Assistance Act 1948 21 [ Bailii ] Â (Un-named) [1997] NISSCSC C23/97(IB) 9 Jul 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) R(S) 2/98 [1997] UKSSCSC CS_12054_1996 17 Jul 1997 SSCS Benefits Tribunal practice - claimant asserting that his capacity for work has deteriorated since review decision terminating an award of invalidity benefit - whether tribunal obliged to consider capacity for work down to the date of their decision [ Bailii ] Â (Un-named) [1997] UKSSCSC CI_17_1997 21 Jul 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CCS_15109_1996 23 Jul 1997 SSCS Benefits [ Bailii ] Â Â Regina v St Edmundsbury Housing Benefit Review Board ex parte Sandys; Admn 24-Jul-1997 - Times, 22 August 1997; [1997] EWHC Admin 711 Â (Un-named) [1996] NISSCSC C68/96(DLA) 28 Jul 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [1996] NISSCSC A94/96(DLA) 28 Jul 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [1997] NISSCSC C1/97(AA) 28 Jul 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â Colin Arthur Turner v Chief Adjudication Officer [1997] EWCA Civ 2207 28 Jul 1997 CA Benefits [ Bailii ] Â (Un-named) [1997] NISSCSC C35/97(DLA) 28 Jul 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â Regina v Secretary of State for Social Security ex parte Gary Barrows [1997] EWHC Admin 721 28 Jul 1997 Admn Benefits [ Bailii ] Â (Un-named) [1996] NISSCSC C74/96(DLA) 28 Jul 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CIS_975_1997 28 Jul 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CDLA_17329_1996 30 Jul 1997 SSCS Benefits [ Bailii ] Â Â Regina v Secretary of State for Health Ex Parte Hammersmith and Fulham London Borough Council and Others; QBD 31-Jul-1997 - Times, 31 July 1997 Â (Un-named) [1997] UKSSCSC CIS_14468_1996 1 Aug 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CSIB_13_1996 2 Aug 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] NISSCSC C37/97(DLA) 4 Aug 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [1997] NISSCSC C38/97(DLA) 4 Aug 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [1997] NISSCSC C5/97(IB) 4 Aug 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [1997] NISSCSC C6/97(IS) 4 Aug 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CIS_143_1997 7 Aug 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CDLA_8353_1995 7 Aug 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CSIB_14_1996 18 Aug 1997 SSCS Benefits [ Bailii ] Â Regina v Secretary of State for Social Security and Parliamentary Commissioner for Administration ex parte 'S' [1997] EWHC Admin 786 22 Aug 1997 Admn Administrative, Benefits [ Bailii ] Â CCS 14873/96 [1997] UKSSCSC 15 28 Aug 1997 SSCS Benefits [ Bailii ] Â Regina v London Borough of Hounslow ex parte Malik Javid Khan [1997] EWCA Civ 2320 29 Aug 1997 CA Housing, Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CIS_12263_1996 4 Sep 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CI_12673_1996 10 Sep 1997 SSCS Benefits [ Bailii ] Â Ci 12673/96 [1997] UKSSCSC 16 10 Sep 1997 SSCS Benefits [ Bailii ] Â Regina v Secretary of State for the Home Department Ex Parte Jammeh; Regina v Same Ex Parte Bajraktari; Similar Times, 11 September 1997 11 Sep 1997 QBD Immigration, Benefits The policy of not allowing asylum seekers to have work permits could not continue alongside the withdrawal of benefits and is ultra vires the powers of the Secretary of State. Â Regina v Housing Benefit Review Board of London Borough of Waltham Forest ex parte Mohammed Iqbal [1997] EWHC Admin 810 16 Sep 1997 Admn Benefits [ Bailii ] Â Dyer v Chief Adjudication Officer [1997] EWCA Civ 2353 18 Sep 1997 CA Benefits [ Bailii ] Â (Un-named) [1997] NISSCSC A2/97(SDA) 23 Sep 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â Baldone v INAMI C-307/96; [1997] EUECJ C-307/96 25 Sep 1997 ECJ Benefits (Judgment) Article 95a of Regulation (EEC) No 1408/71 - Regulation (EEC) No 1248/92 - Transitional provisions - Recalculation of a benefit on the competent institution's own initiative - Rights of persons concerned [ Bailii ] Â Monica Dyer v Chief Adjudication Officer [1997] EWCA Civ 2369 25 Sep 1997 CA Benefits [ Bailii ] Â (Un-named) [1997] NISSCSC C2/97(IB) 25 Sep 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [1996] NISSCSC C13/96(IS) 25 Sep 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CIS_5206_1995 2 Oct 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CI_13270_1996 6 Oct 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CCS_12598_1996 7 Oct 1997 SSCS Benefits [ Bailii ] Â Ccs 12598/96 [1997] UKSSCSC 17 7 Oct 1997 SSCS Benefits [ Bailii ] Â Naranjo Arjona and others v Instituto Nacional de la Seguridad Social and others C-31/96; [1997] EUECJ C-31/96 9 Oct 1997 ECJ J.C. Moitinho de Almeida European, Benefits ECJ Social security - Invalidity - Old-age pensions - Article 47(1) of Regulation No 1408/71 - Calculation of benefits [ Bailii ] Â Regina v Contributions Agency and Wrexham County Court ex parte Nicholas John Low [1997] EWHC Admin 876 15 Oct 1997 Admn Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CSDLA_281_1996 17 Oct 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CSIB_72_1996 20 Oct 1997 SSCS Benefits [ Bailii ] Â Regina v Secretary of State for Home Department ex parte Mumrus Bathur Atham Bawa [1997] EWHC Admin 929 27 Oct 1997 Admn Potts J Immigration, Benefits The court considered the effect of a decision letter issued by the Secretary of State but which was not sent to the applicant. Nevertheless it had the effect of stopping his benefits. Held: The letter was clear and unambiguous; it is in no way inadequate. It puts beyond doubt the determination of the Secretary of State that this applicant did not qualify for asylum and gives clear and cogent reasons for so concluding. .... [The letter] is a sufficient record of the determination that the applicant was not entitled to asylum and had ceased to be an asylum seeker. The Benefits Agency was entitled to act accordingly. 1 Citers [ Bailii ] Â (Un-named) [1997] UKSSCSC CSI_89_1996 28 Oct 1997 SSCS Benefits [ Bailii ] Â Michael Walker v Department of Social Security [1997] EWCA Civ 2599 29 Oct 1997 CA Benefits, Children [ Bailii ] Â Ccs 14368/96 [1997] UKSSCSC 18 31 Oct 1997 SSCS Benefits [ Bailii ] Â Chandraban Begum v Chief Adjudication Officer [1997] EWCA Civ 2620 3 Nov 1997 CA Benefits [ Bailii ] Â Snares v Adjudication Officer C - -20/96 Ecj [1997] UKSSCSC CDLA913_1994 4 Nov 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] NISSCSC C12/97(DLA) 6 Nov 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CIS_13805_1996 10 Nov 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] NISSCSC C11/97(DLA) 11 Nov 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â Â Chief Adjudication Officer v Wolke; Remelien v Secretary of State for Social Security; HL 13-Nov-1997 - Gazette, 17 December 1997; Times, 01 December 1997; [1997] UKHL 50; [1998] 1 All ER 129; [1997] 1 WLR 1640; [1998] 1 FLR 444; [1998] 1 FCR 119; [1998] Fam Law 193 Â (Un-named) [1997] NISSCSC C4/97(IB) 14 Nov 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â In the Matter of D [1997] EWHC Admin 1021 17 Nov 1997 Admn Dyson J Immigration, Benefits National Assistance Act 1948 21 [ Bailii ] Â (Un-named) (Forfeiture) [1997] UKSSCSC CG_14509_1996 20 Nov 1997 SSCS Benefits Commissioners' jurisdiction - Forfeiture Act 1982 - whether Commissioner able to modify forfeiture of social security benefits in cases of unlawful killing - principles affecting exercise of discretion Forfeiture Act 1982 [ Bailii ] Â (Un-named) [1997] NISSCSC C8/97(IB) 21 Nov 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CSA_389_1997 24 Nov 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CSI_94_1996 24 Nov 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CI_14532_1996 25 Nov 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CDLA_8167_1995 27 Nov 1997 SSCS Benefits [ Bailii ] Â Remilien v Secretary of State for Social Security Woke v Chief Adjudication Officer [1997] UKSSCSC CIS_472_1994 27 Nov 1997 SSCS Benefits [ Bailii ] Â Carlin v United Kingdom 27537/95 1 Dec 1997 ECHR Human Rights, Benefits The Commission dismissed as manifestly unfounded a complaint that the suspension of Industrial Injuries Disability Benefit during a person’s imprisonment involved any violation of Article 1P. It reiterated that "it is still necessary, in order for such a right to be established, that the person concerned should have satisfied domestic legal requirements…" 1 Citers Â Regina v Social Security Commissioner ex parte Maurice Boyer [1997] EWCA Civ 2922 5 Dec 1997 CA Benefits Application for leave to appeal out of time. Refused. [ Bailii ] Â Â Soares v Adjudication Officer; ECJ 10-Dec-1997 - Times, 10 December 1997 Â (Un-named) [1997] UKSSCSC CIS_16772_1996 11 Dec 1997 SSCS Benefits [ Bailii ] Â Regina v Secretary of State for Home Department ex parte F S Salem [1997] EWHC Admin 1123 11 Dec 1997 Admn Mr Justice Tucker Benefits, Immigration The applicant sought judicial review of a decision refusing him asylum. The decision had been made and his benefits stopped, but he was not given any detail of the notice for several months. Held: The decision did appear to have been made and final. The question at issue appeared to have been decided in the cases cited. Leave was refused. 1 Cites 1 Citers [ Bailii ] Â (Un-named) [1997] UKSSCSC CIB_1665_1997 12 Dec 1997 SSCS Benefits [ Bailii ] Â Chief Adjudication Officer v Woods [1997] UKSSCSC CDLA_577_1994 12 Dec 1997 SSCS Benefits [ Bailii ] Â (Un-named) [1997] UKSSCSC CIS_20038_1997 12 Dec 1997 SSCS Benefits [ Bailii ] Â Regina v London Borough of Newham ex parte Medical Foundation of Care of Victims of Torture and Others [1997] EWHC Admin 1128 12 Dec 1997 Admn Local Government, Immigration, Benefits National Assistance Act 1948 21 [ Bailii ] Â Chief Adjudication Officer and Secretary of State for Social Security v Jonathan Richard Woods [1997] EWCA Civ 2975 12 Dec 1997 CA Benefits [ Bailii ] Â (Un-named) [1997] NISSCSC C27/97(DLA) 12 Dec 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [1997] NISSCSC C14/97(IB) 12 Dec 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [1997] NISSCSC C6/97(IB) 17 Dec 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [1997] NISSCSC C11/97(IB) 17 Dec 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â (Un-named) [1997] NISSCSC A52/97(IB) 17 Dec 1997 NISSCS Northern Ireland, Benefits [ Bailii ] Â Regina v Secretary of State for Home Department ex parte Fathi Saleh Salem [1997] EWCA Civ 3072 19 Dec 1997 CA Lord Justice Hirst, Lord Justice Robert Walker, Mr Justice Harman Benefits, Immigration This was an appeal against refusal of leave to apply for a judicial review. The issue raised was parallel to issues raised in the Rafiq case which had been heard but on which judgment was presently reserved. The case revealed a real issue of law, and leave was granted. 1 Cites 1 Citers [ Bailii ] Â Regina v Newham London Borough Council, Ex Parte Medical Foundation for the Care of Victims of Torture and Others Times, 26 December 1997 26 Dec 1997 QBD Benefits, Local Government, Housing The requirement to provide accommodation did not necessarily include a requirement for provision of board. Any such requirement must be justified by some other section of the Act. National Assistance Act 1948 Part III Â (Un-named) C1/96(CRS) [1996] NISSCSC C1/96(CRS) 29 Dec 1997 NISSCS Personal Injury, Benefits, Damages Appeal by the claimant against the decision of a Social Security Appeal Tribunal and it relates to a certificate in respect of compensation recovery. [ Bailii ] Â
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