swarb.co.uk - law index
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: 1998 To: 1998
This page lists 222 cases, and was prepared on 03 April 2018.
(Un-named) [1997] NISSCSC C26/97(IB)
3 Jan 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CIS_16192_1996
5 Jan 1998
SSCS
Benefits
[ Bailii ]
(Un-named) Income Support [1998] UKSSCSC CIS_14255_1996
9 Jan 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CIS_12032_1996
13 Jan 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1997] NISSCSC C68/97(DLA)
13 Jan 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CCS_1324_1997
13 Jan 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1997] NISSCSC C53/97(IB)
14 Jan 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1997] NISSCSC C10/97(IB)
15 Jan 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1997] NISSCSC C54/97(DLA)
16 Jan 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
Regina v Social Fund Inspector, ex parte Taylor Times, 20 January 1998
20 Jan 1998
QBD
Benefits
An application for a social fund grant is to be assessed first according to need, and only then according to other relevant statutory factors.
Social Security Contributions and Benefits Act 1992 140(1)
(Un-named) [1998] UKSSCSC CI_15589_1996
22 Jan 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1998] NISSCSC C4/98(DLA)
23 Jan 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1997] NISSCSC C18/97(IB)
23 Jan 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1997] NISSCSC C2/97(AA)
23 Jan 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1998] NISSCSC C3/98(DLA)
26 Jan 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1997] NISSCSC C20/97(IB)
26 Jan 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1997] NISSCSC C67/97(DLA)
26 Jan 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1997] NISSCSC C9/97(DLA)
26 Jan 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
Regina v Sandwell Metropolitan Borough Council ex parte Jean Wilkinson [1998] EWHC Admin 116
30 Jan 1998
Admn
Benefits, Housing
[ Bailii ]
(Un-named) [1998] UKSSCSC CFC_13585_1996
2 Feb 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1997] NISSCSC A114/97(IB)
2 Feb 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CIS_450_1997
2 Feb 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CSDLA_314_1997
4 Feb 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1997] NISSCSC C4/97(IS)
4 Feb 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
Nessa v Chief Adjudication Officer Times, 11 February 1998; Gazette, 05 March 1998; [1998] EWCA Civ 164; [1998] 2 All ER 728
5 Feb 1998
CA
Morritt, L.J. and Sir Christopher Staughton, Thorpe, L.J
Benefits
The requirement that an applicant for income support must show 'Habitual residence' required a demonstration that in the applicant was in the UK voluntarily for settled purposes and an appreciable time should pass before income a support claim was made. (Thorpe, L.J. dissenting)
Income Support (General) Regulations 1987 Sch 7 para 17
1 Cites
1 Citers
[ Bailii ]
Cis 4935/97 [1998] UKSSCSC 1
12 Feb 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CIS_4935_1997
12 Feb 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CSDLA_265_1997
12 Feb 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1998] NISSCSC C10/98(IB)
12 Feb 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CDLA_12940_1996
16 Feb 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CDLA_14396_1996
17 Feb 1998
SSCS
Benefits
[ Bailii ]
(Un-named) Incapacity Benefit [1998] NISSCSC C15/98(IB)
18 Feb 1998
NISSCS
Northern Ireland, Benefits
Application by the claimant for leave to appeal against the decision of a Social Security Appeal Tribunal which held that claimant was not entitled to incapacity benefit from and including 10 June 1996 as he only scored 12 points in the All Work Test.
[ Bailii ]
Alexander v Chief Adjudication Officer [1998] EWCA Civ 305
19 Feb 1998
CA
Benefits
Income support.
[ Bailii ]
(Un-named) [1996] NISSCSC C2/96(CRS)
20 Feb 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1997] NISSCSC C33/97(DLA)
20 Feb 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CIS_13742_1996
23 Feb 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1997] NISSCSC CSC3/97
26 Feb 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
Jalil Kasto v London Borough of Hounslow [1998] EWCA Civ 368
27 Feb 1998
CA
Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CSU_182_1997
3 Mar 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CCS_2320_1997
3 Mar 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1998] NISSCSC C10/98(DLA)
5 Mar 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
Molenaar v Allgemeine Ortskrankenkasse Baden-Wurttemberg [1998] ECR I-843; [1998] EUECJ C-160/96
5 Mar 1998
ECJ
Benefits
ECJ (Judgment) Freedom of movement for workers - Benefits designed to cover the risk of reliance on care
1 Citers
[ Bailii ]
(Un-named) [1998] NISSCSC C17/98(IB)
6 Mar 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
Fathi Saleh Salem v Secretary of State for Home Department Times, 18 March 1998; [1998] EWCA Civ 409; [1999] QB 805
6 Mar 1998
CA
Lord Justice Hobhouse, Lord Justice Brooke, Sir John Balcombe
Benefits, Immigration
The Secretary of State having decided against an application for asylum could direct non-payment of benefits although he would hear representations. Held: Regulation 70(3A)(b)(i) defines a date by reference to the recording by the Secretary of State of the claim for asylum as having been determined. There is no reference to notification. The reference to "recorded" is a formal criterion to be applied by looking at the records kept by the Secretary of State. It is used in contrast and contradistinction to any concept of notification.
Income Support (General) Regulations 1987 70(3)(a)
1 Cites
1 Citers
[ Bailii ]
Cis 4312/97 [1998] UKSSCSC 2
10 Mar 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CIS_3231_1997
12 Mar 1998
SSCS
Benefits
[ Bailii ]
Chief Adjudication Officer v Sylvia Causier Askew [1998] EWCA Civ 464
16 Mar 1998
CA
Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CIS_16410_1996
18 Mar 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CIS_2719_1997
18 Mar 1998
SSCS
Benefits
[ Bailii ]
Chief Adjudication Officer v Askew Times, 19 March 1998
19 Mar 1998
CA
Benefits
Decision of European Court on eligibility for disability benefit for women at sixty must be followed. Outstanding appeals to be disposed of.
David Hammond v Social Security Commissioner [1998] EWCA Civ 493
19 Mar 1998
CA
Benefits
[ Bailii ]
(Un-named) [1997] NISSCSC C1/97(FC)
19 Mar 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1997] NISSCSC CSC5/97
20 Mar 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1998] NISSCSC C18/98(IB)
20 Mar 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
Regina v Department of Social Security ex parte Annie Scullion [1998] EWHC Admin 360
25 Mar 1998
Admn
Benefits
Appeal against refusal of Invalid Care Allowance.
[ Bailii ]
Regina v Chief Adjudication Officer ex parte Boddy [1998] EWHC Admin 362
26 Mar 1998
Admn
Benefits
[ Bailii ]
(Un-named) [1997] NISSCSC C2/97(IS)
26 Mar 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
McMullan v Chief Adjudication Officer [1998] EWCA Civ 545
26 Mar 1998
CA
Benefits
[ Bailii ]
Petrovic v Austria 20458/92; [2001] 33 EHRR 14; (2001) 33 EHRR 307; [1998] ECHR 21; (1998) 33 EHHR 307; [1998] ECHR 21
27 Mar 1998
ECHR
Human Rights, Benefits, Discrimination
The applicant was refused a grant of parental leave allowance in 1989. At that time parental leave allowance was available only to mothers. The applicant complained that this violated article 14 taken together with article 8. Held: The application was dismissed. the court noted that, as society moved towards a more equal sharing of responsibilities for the upbringing of children, contracting states have extended allowances such as parental leave to fathers. Austrian law had evolved in this way, eligibility for parental leave allowance being extended to fathers in 1990. The Austrian legislature was not to be criticised for having introduced progressive legislation in a gradual manner. For article 14 to be applicable, the facts at issue must 'fall within the ambit' of one or more of the Convention rights. "The Court has said on many occasions that Article 14 comes into play whenever the subject matter of the disadvantage 'constitutes one of the modalities' of the exercise of a right guaranteed or whenever the measures complained of are 'linked' to the exercise of a right guaranteed."
European Convention on Human Rights 14
1 Cites
1 Citers
[ Bailii ] - [ Bailii ]
(Un-named) [1998] UKSSCSC CIB_17257_1996
1 Apr 1998
SSCS
Benefits
[ Bailii ]
Roger William Guest v Chief Adjudication Officer [1998] EWCA Civ 610
2 Apr 1998
CA
Benefits
[ Bailii ]
(Un-named) (income Support) [1998] UKSSCSC CIS_1137_1997
2 Apr 1998
SSCS
Benefits
[ Bailii ]
Guest v Chief Adjudication Officer [1998] UKSSCSC CIS_14402_1996
2 Apr 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CDLA_4110_1997
6 Apr 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CIS_1748_1997
7 Apr 1998
SSCS
Benefits
[ Bailii ]
(Un-named) (Income Support) [1996] NISSCSC C5/96(IS)
8 Apr 1998
NISSCS
Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CIS_15036_1996
8 Apr 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CIS_514_1997
14 Apr 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CIB_3013_1997
21 Apr 1998
SSCS
Benefits
[ Bailii ]
Regina v Stratford-Upon-Avon Council Housing Benefit Review Board and Another ex parte White; CA 23-Apr-1998 - Times, 23 April 1998; Gazette, 13 May 1998
(Un-named) [1998] UKSSCSC CP_14276_1996
27 Apr 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1998] NISSCSC C8/98(IB)
28 Apr 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1998] NISSCSC C20/98(DLA)
30 Apr 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
De Vriendt and others v Rijksdienst voor Pensioenen and others C-377/96; [1998] EUECJ C-377/96
30 Apr 1998
ECJ
Benefits, Discrimination
ECJ (Judgment) Directive 79/7/EEC - Equal treatment - Old-age and retirement pensions - Method of calculation - Pensionable age
Directive 79/7/EEC
[ Bailii ]
(Un-named) [1997] NISSCSC C16/97(IB)
30 Apr 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
Regina v London Borough of Lambeth ex parte Foran [1998] EWCA Civ 753
30 Apr 1998
CA
Benefits, Housing, Local Government
[ Bailii ]
(Un-named) [1998] UKSSCSC CSDLA_856_1997
1 May 1998
SSCS
Benefits
[ Bailii ]
Regina v Secretary of State for Social Security ex parte Evans ex parte Smith etc [1998] EWHC Admin 512
8 May 1998
Admn
Benefits
[ Bailii ]
Martinez Sala v Freistaat Bayern [1998] ECR 1-2691; [1998] EUECJ C-85/96; [1998] ECR I-2591
12 May 1998
ECJ
GC Rodriguez Iglesias, P
Benefits
ECJ A benefit such as the child-raising allowance, which is automatically granted to persons fulfilling certain objective criteria, without any individual and discretionary assessment of personal needs, and which is intended to meet family expenses, falls within the scope ratione materiae of Community law as a family benefit within the meaning of Article 4(1)(h) of Regulation No 1408/71.
A benefit such as the child-raising allowance, which is automatically granted to persons fulfilling certain objective criteria, without any individual and discretionary assessment of personal needs, and which is intended to meet family expenses, falls within the scope ratione materiae of Community law as a social advantage within the meaning of Article 7(2) of Regulation No 1612/68.
The concept of social advantage covers all the advantages which, whether or not linked to a contract of employment, are generally granted to national workers primarily because of their objective status as workers or by virtue of the mere fact of their residence on the national territory and whose extension to workers who are nationals of other Member States therefore seems likely to facilitate the mobility of such workers within the Community.
There is no single definition of worker in Community law: it varies according to the area in which the definition is to be applied. For instance, the definition of worker used in the context of Article 48 of the Treaty and Regulation No 1612/68 does not necessarily coincide with the definition applied in relation to Article 51 of the Treaty and Regulation No 1408/71.
In the context of Article 48 of the Treaty and Regulation No 1612/68, a person who, for a certain period of time, performs services for and under the direction of another person in return for which he receives remuneration must be considered to be a worker.
On the other hand, a person has the status of employed person within the meaning of Regulation No 1408/71 where he is covered, even if only in respect of a single risk, compulsorily or on an optional basis, by a general or special social security scheme mentioned in Article 1(a) of Regulation No 1408/71, irrespective of the existence of an employment relationship.
A national of a Member State lawfully residing in the territory of another Member State comes within the scope ratione personae of the provisions of the Treaty on European citizenship and can rely on the rights laid down by the Treaty which Article 8(2) attaches to the status of citizen of the Union, including the right, laid down in Article 6, not to suffer discrimination on grounds of nationality within the scope of application ratione materiae of the Treaty.
Community law precludes a Member State from requiring nationals of other Member States authorised to reside in its territory to produce a formal residence permit issued by the national authorities in order to receive a child-raising allowance, whereas that Member State's own nationals are only required to be permanently or ordinarily resident in that Member State.
For the purposes of the grant of the benefit in question, possession of a residence permit cannot be constitutive of the right to the benefit when, for the purposes of recognition of the right of residence, it has only declaratory and probative force.
1 Citers
[ Bailii ]
(Un-named) [1998] UKSSCSC CIB_15804_1996
12 May 1998
SSCS
Benefits
[ Bailii ]
Ccs 13462/96 [1998] UKSSCSC 3
13 May 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CCS_13462_1996
13 May 1998
SSCS
Benefits
[ Bailii ]
Yale v South Lanarkshire Council Times, 18 May 1998
18 May 1998
OHCS
Benefits, Health, Local Government, Scotland
When assessing capital for purposes of providing long term care in residential or Nursing home, a local authority may include notional capital of home given away more than six months previously, in this case in return for a life interest.
National Assistance (Assessment of Resources) Regulations 1992 (1992 No 2977) 25
(Un-named) [1998] UKSSCSC CIB_5361_1997
20 May 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CIS_15936_1996
21 May 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1997] NISSCSC C3/97(IB)
29 May 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CSIB_597_1997
2 Jun 1998
SSCS
Benefits
[ Bailii ]
(Un-named); SSCS 3-Jun-1998 - [1998] UKSSCSC CSCS_5_1997
Hurford v Chief Adjudication Officer [1998] EWCA Civ 902
4 Jun 1998
CA
Benefits
[ Bailii ]
Secretary of State for Social Security v Harmon [1998] UKSSCSC CCS_2513_1995
5 Jun 1998
SSCS
Benefits
1 Citers
[ Bailii ]
Secretary of State for Social Security v Carter [1998] UKSSCSC CCS_8091_1995
5 Jun 1998
SSCS
Benefits
[ Bailii ]
Secretary of State for Social Security v Cocks [1998] UKSSCSC CCS_5021_1995
5 Jun 1998
SSCS
Benefits
[ Bailii ]
Secretary of State for Social Security and Another v Harmon and Another [1998] EWCA Civ 920; [1999] 1 WLR 163
5 Jun 1998
CA
Benefits, Administrative
1 Cites
1 Citers
[ Bailii ]
CF 5791/97 [1998] UKSSCSC 4
8 Jun 1998
SSCS
Benefits
Child Benefit
[ Bailii ]
(Un-named) [1998] UKSSCSC CF_5791_1997
8 Jun 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1997] NISSCSC C71/97(DLA)
9 Jun 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
Secretary of State for Social Security v Harmon; Same v Carter; Same v Cocks Gazette, 24 June 1998; Times, 10 June 1998
10 Jun 1998
CA
Child Support, Benefits
The duty of a parent with care to apply for child support applies if he or she is actually paid benefit, irrespective of any possibility that the benefit claim may fall to be challenged. The requirement is that benefits are actually not just lawfully paid.
Child Support Act 1991 6(1)
Kuusijarvi v Riksforsakringsverket [1998] ECR I-3443; [1998] EUECJ C-275/96; ECLI:EU:C:1998:279
11 Jun 1998
ECJ
Benefits
ECJ (Judgment) Social security - Regulation (EEC) No 1408/71 - Personal scope - Parental benefit - Maintenance of entitlement to benefits after transfer of residence to another Member State
1 Citers
[ Bailii ]
Cis 14402/96 [1998] UKSSCSC 5
11 Jun 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CIS_4117_1997
11 Jun 1998
SSCS
Benefits
[ Bailii ]
Regina v Birmingham City Council ex parte Taj Mohammed [1998] EWHC Admin 632
12 Jun 1998
Admn
Housing, Benefits
Housing Grants, Construction and Regeneration Act 1996 82
[ Bailii ]
Peter Korn v Chief Adjudication Officer [1998] EWCA Civ 1003
15 Jun 1998
CA
Benefits
[ Bailii ]
Szrabjer and Clarke v United Kingdom Gazette, 17 June 1998; 27004/95; 27011/95
17 Jun 1998
ECHR
Benefits
The applicants were denied the earnings-related element of their pensions while they were in prison, pursuant to s.113(1)(d) of the 1992 Act which I have set out. They claimed violations both of Article 1P, and of Article 14 read with Article 1P. The Commission declared the complaints inadmissible. It held (referring to Gaygusuz) that the earnings-related pension amounted to a pecuniary right for the purposes of Article 1P; however its being withheld from the applicants while they were in prison could be considered (as the government contended) as being in the public interest. Accordingly the complaint of a violation of Article 1P simpliciter was manifestly ill-founded.
European Convention on Human Rights Protocol 1 Article 1
1 Citers
Cg/14509/96 Gazette, 17 June 1998
17 Jun 1998
SSC
Benefits
In certain cases, the normal rule, that benefits which might accrue on the death of another are lost if the claimant caused the death, can be set aside. Manslaughter of violent husband.
Forfeiture Act 1982
1 Cites
Cis/1672/96 Gazette, 17 June 1998
17 Jun 1998
SSC
Benefits
Where claimant has no address, he may be entitled to basic job-seekers personal allowance but not to the premiums which accompany accommodation. Claimant living in car not adapted for sleeping or cooking.
Regina v Adjudication Officer ex parte B [1998] EWHC Admin 650
19 Jun 1998
Admn
Benefits
[ Bailii ]
(Un-named) CCS - 4968 - 1995 [1998] UKSSCSC CCS_4968_1995
21 Jun 1998
SSCS
Benefits
[ Bailii ]
Partridge v Adjudication Officer [1998] UKSSCSC CA_324_1995
22 Jun 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1998] NISSCSC C38/98(IB)
22 Jun 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
Regina v Secretary of State for Home Department ex parte Mohammad Rafiq [1998] EWCA Civ 1072
23 Jun 1998
CA
Benefits, Immigration
[ Bailii ]
(Un-named) [1997] NISSCSC C45/97(IB)
23 Jun 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1998] NISSCSC C39/98(IB)
23 Jun 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1998] NISSCSC C16/98(IB)
23 Jun 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CI_410_1991
24 Jun 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1997] NISSCSC C4/97(IVB)
24 Jun 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CIB_16237_1996
24 Jun 1998
SSCS
Benefits
[ Bailii ]
Regina v London Borough of Hackney ex parte David Heffernan [1998] EWHC Admin 665
24 Jun 1998
Admn
Scott Baker J
Housing, Benefits
1 Citers
[ Bailii ]
(Un-named) [1997] NISSCSC C54/97(IB)
25 Jun 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1997] NISSCSC CSC7/97
26 Jun 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
Hewitt v Chief Adjudication Officer [1998] UKSSCSC CDLA_15997_1996
29 Jun 1998
SSCS
Benefits
[ Bailii ]
Regina v Secretary of State for Social Security and Adjudication Officer ex parte Perry and ex parte Mcgillivray [1998] EWCA Civ 1117
30 Jun 1998
CA
Benefits
[ Bailii ]
(Un-named) [1997] NISSCSC C74/97(DLA)
30 Jun 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
Walton v Social Security Commissioner [1998] EWCA Civ 1129
1 Jul 1998
CA
Benefits
Mobility and care components of the disability living allowance.
[ Bailii ]
Regina v Powys County Council ex parte Jenny Diane Hambridge Times, 20 July 1998; Gazette, 26 August 1998; [1998] EWCA Civ 1143; [1998] 1 CCLR 458
2 Jul 1998
CA
Health, Benefits, Local Government
Statutory extensions of the council's duty to provide new kinds of care, did not take away the authority's power to charge for services given under the original section. The council may charge for community care services in the home provided to disabled person. Subsection (2) states that the section applies to services provided under a number of listed enactments, and it also applies to services provided under the 1970 Act even though the 1970 Act is not specifically listed.
Health and Social Services and Social Security Adjudications Act 1983 - Chronically Sick and Disabled Persons Act 1970
1 Citers
[ Bailii ]
Partridge v Adjudication Officer Case Times, 02 July 1998; C-297/96; [1998] EUECJ C-297/96
2 Jul 1998
ECJ
Benefits, European
Attendance allowance payable in England was properly withdrawn after claimant left England to live in France permanently. Attendance allowance is in special category under the regulations.
Disability Living Allowance and Disability Working Allowance Act 1991 - EC Treaty Art 177
[ Bailii ]
(Un-named) [1998] UKSSCSC CSCR_746_1997
3 Jul 1998
SSCS
Benefits
[ Bailii ]
Sean Tudor (By her Next Friend Mrs Dc Tudor) v Chief Adjudication Officer [1998] EWCA Civ 1170
7 Jul 1998
CA
Benefits
[ Bailii ]
Regina v Housing Benefit Review Board for Swansea ex parte Littler Housing Benefit Review Board for St Edmundsbury ex parte Sandys; CA 15-Jul-1998 - Times, 09 September 1998; [1998] EWCA Civ 1214
(Un-named) [1998] UKSSCSC CDLA_3680_1997
16 Jul 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CIS_5177_1997
20 Jul 1998
SSCS
Benefits
[ Bailii ]
Chief Adjudication Officer v Rhodes [1998] UKSSCSC CDLA_14111_1996
24 Jul 1998
SSCS
Benefits
[ Bailii ]
Chief Adjudication Officer v Christine Elizabeth Rhodes [1998] EWCA Civ 1286
24 Jul 1998
CA
Benefits
[ Bailii ]
Regina v Secretary of State for Health ex parte Hammersmith and Fulham London Borough Council and others [1998] EWCA Civ 1300
27 Jul 1998
CA
Benefits, Immigration
National Assistance Act 1948 21(1)
[ Bailii ]
Regina v Secretary of State for Health ex parte Hammersmith and Fulham London Borough Council and others [1998] EWCA Civ 1301
27 Jul 1998
CA
Benefits, Immigration
[ Bailii ]
Regina v Adjudication Officer Ex Parte B Times, 27 July 1998
27 Jul 1998
QBD
Benefits
An asylum seeker who had been awarded disability living allowance before the withdrawal of benefits to such persons should continue to receive payment until his allowance became subject to review under the standard section
Social Security Administration Act 1992 30; Social Security (Persons from Abroad) Miscellaneuos Amendments Regulations 1996/30
Regina v Newham Borough Council ex parte C [1998] EWHC Admin 796
29 Jul 1998
Admn
Health, Benefits
National Assistance Act 1948 21
[ Bailii ]
(Un-named) [1997] NISSCSC C75/97(DLA)
3 Aug 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CSDLA_76_1998
3 Aug 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CSDLA_855_1997
18 Aug 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CSIS_701_1997
20 Aug 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1998] NISSCSC C1/98(AA)
24 Aug 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
Chief Adjudication Officer and Another v Rhodes Gazette, 23 September 1998; Times, 25 August 1998
25 Aug 1998
CA
Benefits
In order to establish a right to industrial injuries benefit a claimant had to establish both that the injury arose out of the employment and also that it arose 'in the course of' the employment. Worker assaulted whilst off sick was unable to claim.
Social Security Contributions and Benefits Act 1992 94(1)
(Un-named) [1997] NISSCSC C4/97(ICA)
1 Sep 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1998] NISSCSC C1/98(JSA)
3 Sep 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
Regina v Secretary of State for Health ex parte Hammersmith and Fulham London Borough Council and Others Times, 09 September 1998
9 Sep 1998
CA
Benefits
The provision by Local Authorities of assistance to destitute asylum seekers had to be by direct help and not by way of cash or cash substitutes (vouchers).
National Assistance Act 1948 21(1)
1 Cites
(Un-named) [1998] NISSCSC C12/98(IB)
10 Sep 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CSDLA_223_1998
10 Sep 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1998] NISSCSC A22/98(DLA)
11 Sep 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1998] NISSCSC C7/98(DLA)
14 Sep 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1998] NISSCSC A52/98(DLA)
14 Sep 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
Cis 276/98 [1998] UKSSCSC 6
15 Sep 1998
SSCS
Benefits
[ Bailii ]
(Un-named) Armed Services pension [1998] UKSSCSC CIS_276_1998
15 Sep 1998
SSCS
Benefits, Armed Forces
Income - Armed Forces service invaliding pension - whether 'war disablement pension'
[ Bailii ]
Mayor and Burgesses of London Borough of Enfield v Secretary of State for Social Security [1998] EWHC Admin 885
15 Sep 1998
Admn
Benefits
[ Bailii ]
(Un-named) Incapacity Benefit A31/98(IB) [1998] NISSCSC A31/98(IB)
16 Sep 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) (Incapacity Benefit) [1998] NISSCSC A25/98(IB)
16 Sep 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1998] NISSCSC C20/98(IB)
17 Sep 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1998] NISSCSC C3/98(AA)
24 Sep 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CI_13238_1996
28 Sep 1998
SSCS
Benefits
[ Bailii ]
(Un-named) Disability Living ALLOWANCE [1997] NISSCSC C66/97(DLA)
30 Sep 1998
NISSCS
Benefits
[ Bailii ]
(Un-named) Incapacity Benefit [1998] NISSCSC C3/98(IB)
30 Sep 1998
NISSCS
Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CIB_4189_1997
1 Oct 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CIS_3299_1997
1 Oct 1998
SSCS
Benefits
[ Bailii ]
Garrett v Wilson Davies and Co (a Firm) [1998] EWCA Civ 1469
2 Oct 1998
CA
Personal Injury, Damages, Benefits
[ Bailii ]
(Un-named) [1998] NISSCSC A66/98(DLA)
7 Oct 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CSDLA_171_1998
8 Oct 1998
SSCS
Benefits
[ Bailii ]
Regina v Secretary of State for Social Security ex parte Carole Anne Scrivner [1998] EWCA Civ 1513
9 Oct 1998
CA
Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CDLA_16129_1996
13 Oct 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CDLA_1389_1997
15 Oct 1998
SSCS
Benefits
[ Bailii ]
Perry v Chief Adjudication Officer [1998] UKSSCSC CIS_863_1994
15 Oct 1998
SSCS
Benefits
[ Bailii ]
Perry v Chief Adjudication Officer Secretary of State for Social Security [1998] EWCA Civ 1541
15 Oct 1998
CA
Benefits
[ Bailii ]
Edward John Ward v Chief Adjudication Officer [1998] EWCA Civ 1552
16 Oct 1998
CA
Benefits
[ Bailii ]
(Un-named) [1998] NISSCSC C63/98(IB)
20 Oct 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
Perry v Chief Adjudication Officer Times, 20 October 1998
20 Oct 1998
CA
Benefits
It is not contrary to European Law for a non-contributory benefit to be suspended after a claimant has been out of the country for four weeks. The benefits systems have been co-ordinated, and not harmonised.
Income Support (General) Regulations 1987
(Un-named) [1998] UKSSCSC CF_3532_1997
21 Oct 1998
SSCS
Benefits
[ Bailii ]
Cf 3532/97 [1998] UKSSCSC 7
21 Oct 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1997] NISSCSC C64/97(DLA)
22 Oct 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
Shane Vincent Owen v Chief Adjudication Officer [1998] EWCA Civ 1597
22 Oct 1998
CA
Benefits
[ Bailii ]
(Un-named) [1998] NISSCSC A50/98(IB)
22 Oct 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CDLA_16240_1996
22 Oct 1998
SSCS
Benefits
[ Bailii ]
L Denton v Chief Adjudication Officer [1998] EWCA Civ 1592
22 Oct 1998
CA
Benefits
[ Bailii ]
Parekh v The United Kingdom 25388/02; [2008] ECHR 614
26 Oct 1998
ECHR
Lech Garlicki, P
Human Rights, Benefits, Discrimination
Admissibility - The applicant's wife died on 18 July 2000 leaving one child born in 1982. On 17 April 2001 the applicant applied for widows' benefits. On 1 May 2001 the applicant was informed that his claim had been disallowed. The applicant asked for reconsideration. On 14 February 2002 the matter was reconsidered and the decision remained unchanged.
The applicant did not appeal further as he considered or was advised that such a remedy would be bound to fail since no such social security benefit was payable to widowers under United Kingdom law.
The applicant was in receipt of child benefit at the time of his claim. He ceased to be eligible for such benefit on 25 December 2001. The applicant has been in receipt of income support since his wife's death which exceeded the rate of Widowed Mother's Allowance. Moreover, the applicant's wife had not paid the required national insurance contributions. Held: Inadmissible
European Convention on Human Rights
[ Bailii ]
Commission v Greece [2001] 1 CMLR 28; C-185/96; [1998] EUECJ C-185/96; [1998] ECR I-6601
29 Oct 1998
ECJ
European, Benefits
ECJ (Judgment) Failure of a Member State to fulfil its obligations - Benefits for large families - Discrimination
[ Bailii ]
(Un-named) [1998] NISSCSC C7/98(IB)
1 Nov 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
Leeves v Chief Adjudication Officer [1998] UKSSCSC CIS_12263_1996
6 Nov 1998
SSCS
Benefits
[ Bailii ]
Ieuan Davies v Paula Marie Inman [1998] EWCA Civ 1709
6 Nov 1998
CA
Damages, Benefits
[ Bailii ]
Christopher Leeves v Chief Adjudication Officer [1998] EWCA Civ 1706
6 Nov 1998
CA
Benefits
[ Bailii ]
(Un-named) [1998] NISSCSC C69/98(IB)
9 Nov 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1997] NISSCSC C72/97(DLA)
10 Nov 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1997] NISSCSC C60/97(DLA)
11 Nov 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CP_4679_1997
17 Nov 1998
SSCS
Benefits
[ Bailii ]
Secretary of State for Social Security v Henderson [1998] UKSSCSC CCS_14368_1996
18 Nov 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CSDLA_309_1998
19 Nov 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1998] NISSCSC A29/98(DLA)
20 Nov 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1997] NISSCSC C25/97(IB)
20 Nov 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
Whitehouse v Smith [1998] EWCA Civ 1812
20 Nov 1998
CA
Benefits
Grant of leave to appeal.
[ Bailii ]
(Un-named) [1998] NISSCSC A37/98(IB)
20 Nov 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1998] NISSCSC C22/98(IB)
20 Nov 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1997] NISSCSC C53/97(DLA)
23 Nov 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CCS_2318_1997
23 Nov 1998
SSCS
Benefits
[ Bailii ]
Ccs 2318/97 [1998] UKSSCSC 8
23 Nov 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CA_2985_1997
24 Nov 1998
SSCS
Benefits
[ Bailii ]
Ann Pearson v Commissioner Mesher [1998] EWCA Civ 1852
26 Nov 1998
CA
Benefits
Application for leave - judicial review.
[ Bailii ]
Augustine Bonaparte v Chief Adjudication Officer [1998] EWCA Civ 1865
27 Nov 1998
CA
Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CCS_316_1998
1 Dec 1998
SSCS
Benefits
[ Bailii ]
Wisely v John Fulton (Plumbers) Ltd Times, 02 December 1998
2 Dec 1998
IHCS
Personal Injury, Benefits, Damages
Benefits which might be payable or recoverable in respect of damages should not be disregarded when the court considers what elements are to be allowed interest when calculating personal injury damages.
1 Cites
1 Citers
(Un-named) [1998] NISSCSC C11/98(IB)
7 Dec 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CSJSA_261_1998
7 Dec 1998
SSCS
Benefits
[ Bailii ]
Plummer and Another v Chief Adjudication Officer [1998] EWCA Civ 1929
8 Dec 1998
CA
Benefits
[ Bailii ]
Plummer and Anor. v Chief Adjudication Officer [1998] UKSSCSC CI_600_1994
8 Dec 1998
SSCS
Benefits
[ Bailii ]
PlummervChief Adjudication Officer [1998] UKSSCSC CI_94_1994
8 Dec 1998
SSCS
Benefits
[ Bailii ]
Regina v Chief Adjudication Officer ex parte B [1998] EWCA Civ 1934
9 Dec 1998
CA
Benefits
[ Bailii ]
Regina v Lambeth London Borough Council ex parte Sarhangi Times, 09 December 1998
9 Dec 1998
QBD
Benefits
Where someone entered the UK with permission but overstayed, was imprisoned and ordered to be deported, but could not for some reason leave despite being willing, that person was not dis-entitled to receive residential assistance under the Act.
National Assistance Act 1948 21(1)
Krasniqi v Chief Adjudication Officer and Anor. [1998] UKSSCSC CIS_16992_1996
10 Dec 1998
SSCS
Benefits
[ Bailii ]
Samir Krasniqi v Chief Adjudication Officer and Secretary of State for Social Security [1998] EWCA Civ 1937
10 Dec 1998
CA
Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CI_624_1998
11 Dec 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CSDLA_867_1997
15 Dec 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CI_1698_1997
15 Dec 1998
SSCS
Benefits
[ Bailii ]
(Un-named) [1998] UKSSCSC CI_2414_1998
15 Dec 1998
SSCS
Benefits
[ Bailii ]
Regina v Housing Benefit Review Board of Swale Borough Council ex parte Simon Stuart Marchant Times, 21 January 1999; Gazette, 27 January 1999; [1998] EWHC Admin 1141
17 Dec 1998
Admn
Benefits, Housing
Where children of a broken marriage split their time equally between both parents, but only one parent received all the Child Benefit, the local authority was entitled to set allowance for size of house supported by housing benefit on the same basis.
Social Security Contributions and Benefits Act 1992 130(2) 137
1 Cites
1 Citers
[ Bailii ]
(Un-named) [1997] NISSCSC C65/97(DLA)
17 Dec 1998
NISSCS
Northern Ireland, Benefits
[ Bailii ]
Regina v Adjudication Officer Ex Parte B Times, 23 December 1998
23 Dec 1998
CA
Benefits
Disability Living Allowance was among the benefits now disallowed to asylum seekers. A claim on renewal of the benefit application was debarred by regulations coming into force between the first and renewal applications.
Social Security (Persons From Abroad) Miscellaneous Amendment Regulations 1996 No 30
Regina v Hammersmith and Fulham London Borough Council ex parte Damoah Times, 31 December 1998; Gazette, 13 January 1999
31 Dec 1998
QBD
Children, Local Government, Benefits
A local authority, having once decided that a child was in need of welfare assistance, could not withdraw that, after the mother refused assistance to return to her own country, where the child's long terms interests could properly be served by such assistance.
Children Act 1989 Part III