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		Benefits - From: 1999 To: 1999 This page lists 158 cases, and was prepared on 03 April 2018. CIS 5848/99 CIS 5848/99 1999 SSAT Commissioner Howell QC Benefits Because it was the practice of the child benefit officer to notify the relevant Social Security Office of child benefit awards, the latter office must be taken to have known of an award which was not disclosed to them by the claimant and that the non-disclosure was therefore not the cause of an overpayment. (Obiter) in modern conditions, with the availability of computer systems, claimants might be entitled to assume that information had been communicated between officials of the department and that disclosure was therefore unnecessary. 1 Citers CG/4494/99 1999 SSAT Benefits 1 Cites 1 Citers (Un-named) Statutory Sick Pay [1997] NISSCSC C2/97(SSP) 5 Jan 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1999] UKSSCSC CIS_2132_1998 8 Jan 1999 SSCS Benefits [ Bailii ] Wadey v Surrey County Council Times, 08 January 1999; Gazette, 27 January 1999 8 Jan 1999 CA Personal Injury, Benefits, Damages The effect of benefits should be disregarded when calculating interest payable on past loss of earnings damages. The new legislation did not restore the common law position, but excluded benefits from not only the basic calculations, but the interest also. Social Security (Recovery of Benefits) Act 1997 - Social Security Administration Act 1992 (Un-named) [1999] UKSSCSC CJSA_5529_1997 12 Jan 1999 SSCS Benefits [ Bailii ] R v Adjudication Officer Ex P B Gazette, 27 January 1999 27 Jan 1999 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 (Un-named) [1998] NISSCSC A68/98(IB) 29 Jan 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1998] NISSCSC C3/98(II) 29 Jan 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1999] UKSSCSC R[IB]_403 29 Jan 1999 SSCS Benefits [ Bailii ] (Un-named) [1998] NISSCSC A16/98(IB) 29 Jan 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1998] NISSCSC A36/98(DLA) 29 Jan 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1999] UKSSCSC CIB_727_1998 29 Jan 1999 SSCS Benefits [ Bailii ] Regina v Caerphilly County Borough Council Benefit Review Board ex parte Jones [1999] EWHC Admin 83 1 Feb 1999 Admn Benefits Challenge to refusal of housing benefit. [ Bailii ] (Un-named) [1999] UKSSCSC CIS_610_1998 4 Feb 1999 SSCS Benefits [ Bailii ] (Un-named) [1998] NISSCSC C6/98(JSA) 5 Feb 1999 NISSCS Northern Ireland, Benefits [ Bailii ] Regina v a Social Security Commissioner ex parte Gibson [1999] EWHC Admin 105 5 Feb 1999 Admn Benefits [ Bailii ] (Un-named) [1998] NISSCSC CSA2/98 8 Feb 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1998] NISSCSC CSA1/98 8 Feb 1999 NISSCS Northern Ireland, Benefits [ Bailii ] Regina v London Borough of Enfield Housing Benefit Review Board ex parte Constantinos Gavriel [1999] EWHC Admin 130 12 Feb 1999 Admn Benefits [ Bailii ] Regina v London Borough of Enfield Housing Benefit Review Board ex parte Constantinos Gavriel [1999] EWHC Admin 129 12 Feb 1999 Admn Housing, Benefits [ Bailii ] Secretary of State for Trade and Industry v Peter Bottrill; CA 12-Feb-1999 - Gazette, 10 March 1999; Gazette, 27 June 1999; [1999] EWCA Civ 781; [1998] IRLR 120; [1999] IRLR 326; [1999] ICR 592; [1999] BCC 177 (Un-named) [1997] NISSCSC C58/97(DLA) 15 Feb 1999 NISSCS Northern Ireland, Benefits [ Bailii ] Regina v Secretary of State for Social Security ex parte Muat [1999] EWCA Civ 797 16 Feb 1999 CA Benefits, Armed Forces [ Bailii ] (Un-named) [1998] NISSCSC C22/98(DLA) 17 Feb 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1997] NISSCSC C44/97(DLA) 17 Feb 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1998] NISSCSC C50/98(IB) 17 Feb 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1998] NISSCSC C28/98(IB) 19 Feb 1999 NISSCS Northern Ireland, Benefits [ Bailii ] Rafiq v Chief Adjudication Officer [1999] EWCA Civ 835 19 Feb 1999 CA Benefits, Immigration [ Bailii ] (Un-named) [1998] NISSCSC A6/98(JSA) 19 Feb 1999 NISSCS Northern Ireland, Benefits [ Bailii ] Choma v Chief Adjudication Officer [1999] EWCA Civ 825 19 Feb 1999 CA Benefits [ Bailii ] (Un-named) [1998] NISSCSC C73/98(IB) 22 Feb 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1998] NISSCSC C1/98(REA) 22 Feb 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) (DLA) [1998] NISSCSC C68/98(DLA) 23 Feb 1999 NISSCS Benefits Disability Living Allowance [ Bailii ] Regina v Macclesfield Borough Council Housing Benefit Review Board ex parte Temsamani [1999] EWHC Admin 168 24 Feb 1999 Admn Benefits, Housing [ Bailii ] (Un-named) [1998] NISSCSC C27/98(IB) 24 Feb 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1999] NISSCSC C1/99(JSA) 25 Feb 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1998] NISSCSC CSC1/98 25 Feb 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1999] UKSSCSC CIS_7201_1995 25 Feb 1999 SSCS Benefits [ Bailii ] Swaddling v Adjudication Officer Times, 04 March 1999; C-90/97; [1999] ECRI-1075]; [1999] EUECJ C-90/97 25 Feb 1999 ECJ Benefits, European A national of a member state having returned home after working abroad, and declaring an intention not to seek work abroad again, and applying for benefits could not be refused on the grounds that he had not been there long enough. Europa Article 10a of Regulation No 1408/71, as amended and updated by Regulation No 2001/83, as amended by Regulation No 1247/92, read together with Article 1(h) thereof, precludes the Member State of origin - in the case of a person who has exercised his right to freedom of movement in order to establish himself in another Member State, in which he has worked and set up his habitual residence, and who has returned to his Member State of origin, where his family lives, in order to seek work - from making entitlement to one of the benefits referred to in Article 10a of Regulation No 1408/71 conditional upon `habitual residence' in that State, which presupposes not only an intention to reside there, but also completion of an appreciable period of residence there. 1 Citers [ Bailii ] O'Connor v Chief Adjudication Officer and Secretary of State for Social Security [1999] EWCA Civ 884 3 Mar 1999 CA Benefits [ Bailii ] O'Connor v Chief Adjudication Officer [1999] UKSSCSC CIS_15594_1996 3 Mar 1999 SSCS Benefits [ Bailii ] Regina v Secretary of State for the Home Department, Ex Parte Salem; HL 3-Mar-1999 - Gazette, 03 March 1999; Times, 12 February 1999; [1999] UKHL 8; [1999] 1 AC 450; [1999] 2 All ER 42; [1999] 2 WLR 483 (Un-named) [1999] UKSSCSC CDLA_2643_1998 4 Mar 1999 SSCS Benefits [ Bailii ] (Un-named) [1999] UKSSCSC CCS_1535_1997 9 Mar 1999 SSCS Benefits [ Bailii ] (Un-named) [1998] NISSCSC A82/98(DLA) 10 Mar 1999 NISSCS Northern Ireland, Benefits [ Bailii ] O'Connor v Chief Adjudication Officer and Another Times, 11 March 1999; Gazette, 24 March 1999; [1999] ELR 209 11 Mar 1999 CA Benefits, Education, Human Rights Regulations providing that a student stayed such until he concluded, or was dismissed from a course, were deeming provisions, and a student taking a year out after failing his exams, remained a student and was unable to claim benefits by way of income support. Article 2 did not require the state to subsidise a student in excercising his right to take up the education it offered. Income Support (General) Regulations 1987 (1987 No 1967) 1 Citers (Un-named) [1998] NISSCSC A87/98(DLA) 11 Mar 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1998] NISSCSC C51/98(IB) 11 Mar 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1999] NISSCSC C5/99(IB) 11 Mar 1999 NISSCS Northern Ireland, Benefits [ Bailii ] Chief Adjudication Officer v Paul James Astle [1999] EWCA Civ 1003 17 Mar 1999 CA Benefits [ Bailii ] Regina v an Adjudication Officer and Chairman of Sutton Social Security Tribunal ex parte Claudia Restrepo Velasquez [1999] EWCA Civ 1012 17 Mar 1999 CA Benefits [ Bailii ] (Un-named) [1999] UKSSCSC CSJSA_395_1998 18 Mar 1999 SSCS Benefits [ Bailii ] (Un-named) [1998] NISSCSC C23/98(IB) 18 Mar 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1998] NISSCSC C2/98(CB) 22 Mar 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1998] NISSCSC CSC2/98 22 Mar 1999 NISSCS Northern Ireland, Benefits [ Bailii ] Chief Adjudication Officer and Another v Maguire; CA 23-Mar-1999 - Times, 29 March 1999; Gazette, 26 May 1999; [1999] EWCA Civ 1060; [1999] 1 WLR 1778 Chief Adjudication Officer v Maguire [1999] UKSSCSC CI_3013_1995 23 Mar 1999 SSCS Benefits [ Bailii ] (Un-named) [1999] UKSSCSC CIS_2210_1998 25 Mar 1999 SSCS Benefits [ Bailii ] (Un-named) [1998] NISSCSC C60/98(DLA) 29 Mar 1999 NISSCS Northern Ireland, Benefits [ Bailii ] Regina v Hastings Borough Council Housing Benefit Review Board ex parte Donald Lawrie [1999] EWHC Admin 275 30 Mar 1999 Admn Benefits, Housing [ Bailii ] (Un-named) [1998] NISSCSC C2/98(SF) 9 Apr 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1998] NISSCSC C49/98(IB) 14 Apr 1999 NISSCS Northern Ireland, Benefits [ Bailii ] Timothy Robinson v Social Security Commissioners [1999] EWCA Civ 1184 15 Apr 1999 CA Benefits [ Bailii ] (Un-named) [1999] UKSSCSC CIS_2057_1998 16 Apr 1999 SSCS Benefits [ Bailii ] Nijhuis v Bestuur van het Landelijk Instituut Sociale Verzekeringen C-360/97; [1999] EUECJ C-360/97 20 Apr 1999 ECJ Benefits (Judgment) (Rec 1999,p I-1919) Social security - Incapacity for work - Special scheme for civil servants - Point 4(a) of Section J of Annex VI to Regulation (EEC) No 1408/71 - Articles 48 and 51 of the EC Treaty [ Bailii ] Regina v Secretary of State for Social Security ex parte Bernard Joseph O'Neill [1999] EWHC Admin 338 21 Apr 1999 Admn Benefits [ Bailii ] (Un-named) [1999] UKSSCSC CSIB_611_1998 21 Apr 1999 SSCS Benefits [ Bailii ] (Un-named) [1999] UKSSCSC CIS_17020_1996 22 Apr 1999 SSCS Benefits [ Bailii ] (Un-named) [1997] NISSCSC C5/97(IS) 26 Apr 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1999] UKSSCSC CCS_2731_1997 26 Apr 1999 SSCS Benefits [ Bailii ] (Un-named) [1999] UKSSCSC CJSA_1279_1998 27 Apr 1999 SSCS Benefits [ Bailii ] (Un-named) [1999] UKSSCSC CSDLA_71_1999 28 Apr 1999 SSCS Benefits [ Bailii ] Leslie Anthony Gibson v Secretary of State (Benefits Agency) [1999] EWCA Civ 1284 28 Apr 1999 CA Benefits [ Bailii ] Regina v Adjudication Officer, Ex P Velasquez Gazette, 28 April 1999 28 Apr 1999 CA Benefits The transitional provisions preserving existing rights to child benefit, applied only to entitlements in place at the time, and not to those who had a right to apply and had applied, but whose applications had not been determined. Child Benefit (General) Regulations 1976 (1976 No 965) 124B(g) Owen v Chief Adjudication Officer [1999] UKSSCSC CIS_4312_1997 29 Apr 1999 SSCS Benefits [ Bailii ] Owen v Chief Adjudication Officer [1999] EWCA Civ 1302 29 Apr 1999 CA Benefits [ Bailii ] Regina v Adjudication Officer, Ex P Velasquez Times, 30 April 1999 30 Apr 1999 CA Benefits The transitional provisions preserving existing rights to child benefit, applied only to entitlements in place at the time, and not to those who had a right to apply and had applied, but whose applications had not been determined. Child Benefit (General) Regulations 1976 (1976 No 965) 124B(g) (Un-named) [1999] NISSCSC C5/99(DLA) 5 May 1999 NISSCS Northern Ireland, Benefits [ Bailii ] Regina v South Hams District Council ex parte William Ash Times, 27 May 1999; [1999] EWHC Admin 418 10 May 1999 Admn Benefits When taking into account a payment of post dated war pension award, in order to reclaim housing benefit overpaid, the authority had failed to allow for the special character of a war pension, and should have exercised its discretion otherwise. [ Bailii ] (Un-named) [1997] NISSCSC C73/97(DLA) 19 May 1999 NISSCS Northern Ireland, Benefits [ Bailii ] Peter Peers v Department of Social Security [1999] EWCA Civ 1441 19 May 1999 CA Benefits [ Bailii ] Regina v Secretary of State for Social Security (Arising From the Complaint of Carole Anne Margaret Scrivner) [1999] EWCA Civ 1460 21 May 1999 CA Benefits [ Bailii ] Dollar v Child Support Officer and Anor. [1999] UKSSCSC CCS_16904_1996 24 May 1999 SSCS Benefits [ Bailii ] (Un-named) [1999] UKSSCSC CS_15000_1996 25 May 1999 SSCS Benefits [ Bailii ] (Un-named) [1998] NISSCSC C36/98(IB) 25 May 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1999] UKSSCSC CS_632_1997 27 May 1999 SSCS Benefits [ Bailii ] (Un-named) [1999] UKSSCSC CJSA_5381_1997 2 Jun 1999 SSCS Benefits [ Bailii ] Haringey London Borough Council v Awaritefe, Secretary of State for Social Security Intervening Times, 03 June 1999; [1999] EWCA Civ 1491 3 Jun 1999 CA Rich, Otton, Pill LJJ Benefits, Administrative A Local Authority could reclaim overpaid Housing Benefits even though it had failed to follow precisely the required procedures for such a recovery, provided that it could demonstrate that the failing was immaterial, and that the failure caused the defendant no injustice. Housing Benefit (General) Regulations 1987 No 1971 Sch 6 1 Cites [ Bailii ] (Un-named) [1999] UKSSCSC CJSA_1266_1998 8 Jun 1999 SSCS Benefits [ Bailii ] Kazantzis v Chief Adjudication Officer Times, 30 June 1999; Gazette, 30 June 1999; [1999] EWCA Civ 1584 15 Jun 1999 CA Benefits A taxi driver spent many hours at the minicab office waiting for a call out. He claimed benefits because the income and time driving the minicab were both low. It was held that he was disbarred from claiming because the waiting time was to be counted as part of his working time, and thus he had too many engaged in remunerative employment. Social Security Contributions and Benefits Act 1992 124 [ Bailii ] (Un-named) [1999] UKSSCSC CIB_14534_1996 15 Jun 1999 SSCS Benefits [ Bailii ] Kazantzis v Chief Adjudication Officer [1999] UKSSCSC CIS_85_1997 15 Jun 1999 SSCS Benefits [ Bailii ] Cib 14534/96 [1999] UKSSCSC 2 15 Jun 1999 SSCS Benefits [ Bailii ] (Un-named) [1999] NISSCSC C22/99(IB) 18 Jun 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1999] UKSSCSC CCS_1410_1998 18 Jun 1999 SSCS Benefits [ Bailii ] (Un-named) [1998] NISSCSC CSC3/98 22 Jun 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1999] UKSSCSC CIS_2900_1998 23 Jun 1999 SSCS Benefits [ Bailii ] Regina v Adjudication Officer and Secretary of State for Social Security ex parte Caffrey [1999] EWHC Admin 598 25 Jun 1999 Admn Benefits [ Bailii ] Appelby v Chief Adjudication Officer [1999] UKSSCSC CI_15349_1996 26 Jun 1999 SSCS Benefits [ Bailii ] (Un-named) [1999] NISSCSC C24/99(IB) 28 Jun 1999 NISSCS Northern Ireland, Benefits [ Bailii ] Appleby v Chief Adjudication Officer; CA 29-Jun-1999 - Times, 05 August 1999; [1999] EWCA Civ 1707 (Un-named) [1999] NISSCSC C17/99(DLA) 30 Jun 1999 NISSCS Northern Ireland, Benefits [ Bailii ] David Mellory Burke v Social Security Commissioner [1999] EWCA Civ 1727 1 Jul 1999 CA Benefits [ Bailii ] (Un-named) [1999] NISSCSC C4/99(IS) 1 Jul 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1998] NISSCSC C62/98(DLA) 2 Jul 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1998] NISSCSC C56/98(IB) 6 Jul 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1997] NISSCSC CSC2/97 7 Jul 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1998] NISSCSC C75/98(IB) 14 Jul 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1999] UKSSCSC CIS_15484_1996 20 Jul 1999 SSCS Benefits [ Bailii ] David Heffernan v London Borough of Hackney [1999] EWCA Civ 1923 22 Jul 1999 CA Housing, Benefits 1 Cites [ Bailii ] (Un-named) [1999] UKSSCSC CIB_76_1999 6 Aug 1999 SSCS Benefits [ Bailii ] (Un-named) [1997] NISSCSC C24/97(IB) 17 Aug 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1997] UKSSCSC CIS_4318_1998 26 Aug 1999 SSCS Benefits [ Bailii ] (Un-named) [1999] NISSCSC C7/99(DLA) 3 Sep 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1997] NISSCSC C17/97(IB) 10 Sep 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1997] NISSCSC C9/97(IB) 10 Sep 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1999] UKSSCSC CG_13358_1996 14 Sep 1999 SSCS Benefits [ Bailii ] (Un-named) [1999] UKSSCSC CIS_12823_1996 15 Sep 1999 SSCS Benefits [ Bailii ] (Un-named) [1999] NISSCSC C25/99(IB) 16 Sep 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1999] UKSSCSC CI_105_1998 20 Sep 1999 SSCS Benefits [ Bailii ] (Un-named) [1999] UKSSCSC CIS_16769_1996 22 Sep 1999 SSCS Benefits [ Bailii ] (Un-named) [1999] UKSSCSC CIB_4961_1997 23 Sep 1999 SSCS Benefits [ Bailii ] (Un-named) [1997] NISSCSC C63/97(DLA) 24 Sep 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1998] NISSCSC C4/98(II) 27 Sep 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1999] NISSCSC C8/99(JSA) 28 Sep 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1999] UKSSCSC CDLA_2327_1998 28 Sep 1999 SSCS Benefits [ Bailii ] Paula Gomez Rivero v Bundesanstalt Fur Arbeit; ECJ 6-Oct-1999 - Gazette, 06 October 1999; C-211/97; Ecj/Cfi Bulletin 15/99 14 C P M Meeusen v Hoofddirectie Van De Informatie Beheer Groep Case C-337/97 Gazette, 06 October 1999 6 Oct 1999 ECJ European, Benefits Though M and his parents resided in Belgium, and M studied in Belgium, M's father and mother worked in their company in the Netherlands. The Belgian refused a student grant because M's parents did not work in Belgium. The court re-emphasised the obligations of countries not to discriminate against dependants of workers in other member states, and upheld the claim for financial support. (Un-named) [1999] UKSSCSC CCS_1_1998 8 Oct 1999 SSCS Benefits [ Bailii ] (Un-named) [1998] NISSCSC CSC4/98 12 Oct 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1999] NISSCSC C3/99(II) 12 Oct 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1998] NISSCSC C71/98(IB) 20 Oct 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1999] UKSSCSC CDLA_2934_1999 21 Oct 1999 SSCS Benefits [ Bailii ] Chief Adjudication Officer v Bath [1999] UKSSCSC CG_11331_1995 21 Oct 1999 SSCS Benefits [ Bailii ] Nessa v Chief Adjudication Officer and Another [1999] UKSSCSC CIS_2326_1995 21 Oct 1999 SSCS Benefits [ Bailii ] Chief Adjudication Officer v Stafford; Same v Banks Gazette, 27 October 1999; Times, 09 November 1999 27 Oct 1999 CA Benefits The provisions for requiring the averaging of pay over entire cycles of work were applied to ensure that workers who worked part time for educational establishments and who were not paid when the schools were closed, were not able to receive benefits for the weeks when they were not paid because of the overall average level of earnings. Income Support (General) Regulations 1987 (1987 No 1967) 5(3B) - Jobseekers Allowance Regulations 1996 (1996 No 207) 51(2)(c) 1 Cites 1 Citers (Un-named) [1999] NISSCSC C2/99(II) 28 Oct 1999 NISSCS Northern Ireland, Benefits [ Bailii ] Chief Adjudication Officer v Bath Times, 28 October 1999; [1999] EWCA Civ 3008 28 Oct 1999 CA Family, Benefits The claimant and her husband had been married at a Sikh temple, and lived together for many years before his death. The temple had not been accredited for marriages, and the Secretary of State resisted payment of benefits to the claimant as a widow, saying that she had not been married. Held: The claimant's appeal succeeded. There was nothing to make the marriage void, and there was a presumption of a valid marriage where the parties had gone through a ceremony and had lived together on that basis. The fact discovered many years later that the ceremony was defective would not mean that the couple were not married. This was supported by old common law rules. The validity of a marriage should be upheld wherever possible: "there is nothing to suggest that the Sikh marriage ceremony and the consequences thereof in the eyes of the Sikh religious authorities was other than such a voluntary union for life of one man and one woman to the exclusion of all others. In my view that "marriage" is validated by the common law presumption from long cohabitation, in pursuance of the policy of the law that, in the absence of the clearest possible reason why there should not be such a presumption, a ceremony of "marriage" bona fide entered by parties who thereafter who live monogamously and bring up children of the union should be respected and accorded the proper legal status of marriage. " Marriage Act 1949 1 Cites [ Bailii ] - [ Bailii ] (Un-named) [1998] NISSCSC C61/98(IB) 28 Oct 1999 NISSCS Northern Ireland, Benefits [ Bailii ] M (A Child) v Chief Adjudication Officer [1999] UKSSCSC CDLA_6219_1997 29 Oct 1999 SSCS Benefits Disability Living Allowance [ Bailii ] Nessa v Chief Adjudication Officer; HL 3-Nov-1999 - Times, 27 October 1999; Gazette, 03 November 1999; Gazette, 08 December 1999; [1999] UKHL 41; [1999] 4 All ER 677; [1999] 1 WLR 1937 (Un-named) [1998] NISSCSC C55/98(DLA) 9 Nov 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1999] UKSSCSC CIS_3559_1997 10 Nov 1999 SSCS Benefits [ Bailii ] Megarry v Chief Adjudication Officer Gazette, 17 November 1999; Times, 12 November 1999 12 Nov 1999 CA Benefits The claimant having a high IQ along with autism did not prevent a claim that he suffered a 'severe impairment of intelligence' and so disentitle him to the higher rate of mobility under the Disability Living Allowance regulations. Autism could constitute an arrest of development, and also severe impairment of intelligence and social functioning. Social Security Contributions and Benefits Act 1992 73(3) Regina v Bristol City Council, Ex Parte Jacobs Times, 16 November 1999 16 Nov 1999 QBD Benefits, Housing The payment of water rates was not part of the obligation of a local authority paying housing benefit paid by the tenant to the water supplier. Water rates were not paid by her 'in respect of, or in consequence of, use and occupation of the dwelling' At common law a person in occupation of land under such terms would themselves be expected to contribute financially. The words must be read restrictively, and benefit was not payable. Housing Benefit (General) Regulations 1987 No 1971 10 (1) (d) Regina v Housing Benefit Review Board of Swale Borough Council ex parte Simon Stuart Marchant Times, 17 November 1999 17 Nov 1999 CA Benefits, Child Support A party in a separated couple where primary residence was with the other party, had staying contact, but the child benefit remained unapportioned. That party was not able to claim housing benefit which would reflect his need for larger accommodation to facilitate that staying contact. The decision was an administrative exercise as to whether the child was 'normally living' with him. Social Security Contributions and Benefits Act 1992 137 1 Cites 1 Citers (Un-named) [1999] NISSCSC C8/99(DLA) 23 Nov 1999 NISSCS Northern Ireland, Benefits [ Bailii ] (Un-named) [1999] UKSSCSC CDLA 1552 1998 25 Nov 1999 SSCS Benefits [ Bailii ] (Un-named) [1999] UKSSCSC CIS_538_1998 26 Nov 1999 SSCS Benefits [ Bailii ] (Un-named) [1999] UKSSCSC CCS_3542_1998 1 Dec 1999 SSCS Benefits [ Bailii ] (Un-named) [1999] NISSCSC C38/99(DLA) 8 Dec 1999 NISSCS Northern Ireland, Benefits [ Bailii ] Huxley v Child Support Officer and Anor. [1999] UKSSCSC CCS_1037_1997 14 Dec 1999 SSCS Benefits [ Bailii ] (Un-named) [1998] NISSCSC C27/98(DLA) 14 Dec 1999 NISSCS Northern Ireland, Benefits [ Bailii ] Regina v Secretary of State for Social Security Ex Parte Taylor Times, 25 January 2000; C-382/98; [1999] EUECJ C-382/98; [1999] ECR I-8955 16 Dec 1999 ECJ Discrimination, European, Benefits The government made additional payments to pensioners in respect of the additional fuel costs incurred in winter. The complainant asserted that as a man aged 62, he would not receive this benefit where a woman of the same age would have done, and that this was discrimination arising from his sex. Held: The Directive provided for services including those relating to the age of the applicant, this benefit was one such, and the rules were discriminatory and unlawful. Europa Directive 79/7/EEC - Equal treatment for men and women in matters of social security - Grant of a winter fuel payment - Link with pensionable age. Case C-382/98. 1 Social policy - Equal treatment for men and women in matters of social security - Matters covered by Directive 79/7 - Winter fuel payment payable to those who have reached a minimum age rather than on the basis of a lack of financial means - Included (Council Directive 79/7, Art. 3(1)) 2 Social policy - Equal treatment for men and women in matters of social security - Directive 79/7 - Derogation allowed in respect of possible consequences for other benefits of different pensionable ages - Scope -Limited to forms of discrimination necessarily and objectively linked to the difference in pensionable ages - Discrimination with regard to grant of a winter fuel payment - Excluded (Council Directive 79/7, Art. 7(2)(a)) Article 3(1) of Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security, which defines the matters covered by the Directive, must be interpreted as meaning that a winter fuel payment, which is part of a statutory scheme, is covered by that directive in so far as payment of the benefit is always subject to the recipients having reached statutory retirement age and it is therefore aimed at protecting them against the risk of old age mentioned in that article. The benefit may be granted to elderly persons, even if they do not have financial difficulties, so that protection against a lack of financial means cannot be considered to be the aim of the benefit. 2 The derogation from the principle of equal treatment for men and women laid down in Article 7(1)(a) of Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security is not applicable to a benefit such as the winter fuel payment, which is subject to the condition that the recipient has reached statutory retirement age, that is to say the age of 60 for women and 65 for men. Such discrimination is not objectively and necessarily linked to the difference in retirement age for men and women. First, from the point of view of the financial equilibrium of the social security system, it is not necessary either for the financial equilibrium of contributory pension schemes, in view of the fact that the benefits are granted under a non-contributory scheme, or for the financial equilibrium of the social security system as a whole. Secondly, from the point of view of consistency between the retirement pension scheme and the other benefit scheme, it is not required, since if the benefit is designed to provide protection against the risk of old age and must, therefore, be paid only to those above a certain age, it does not follow that that age must necessarily coincide with the statutory age of retirement and, as a result, be different for men and women. Social Fund Winter Fuel Payment Amendment Regulations 1998 No 1910 1 Cites 1 Citers [ Bailii ] Jones v Waveney District Council; CA 17-Dec-1999 - Times, 22 December 1999; Gazette, 17 December 1999 Ashraf v Secretary of State for Social Security; CA 17-Dec-1999 - Times, 11 January 2000; Gazette, 17 December 1999 (Un-named) [1999] NISSCSC C12/99(DLA) 22 Dec 1999 NISSCS Northern Ireland, Benefits [ Bailii ]
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Benefits - From: 1999 To: 1999