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: 2003 To: 2003
This page lists 388 cases, and was prepared on 03 April 2018.
(Un-named) [2003] UKSSCSC CDLA_5156_2001
2 Jan 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CDLA_5196_2001
2 Jan 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2002] NISSCSC C4/02-03(IS)
3 Jan 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C4/02-03-IS
3 Jan 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIB_1454_2002
9 Jan 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CJSA_4890_1998
13 Jan 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CTC_3442_2002
15 Jan 2003
SSCS
Benefits
[ Bailii ]
Carpenter v Secretary of State for Work and Pensions [2003] UKSSCSC CIB_3427_2001
15 Jan 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIS_4843_2002
15 Jan 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIS_2641_2002
16 Jan 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CI_3767_2002
16 Jan 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2002] NISSCSC C22/02-03(IB)
17 Jan 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIS_540_2002
17 Jan 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C22/02-03(IB)
17 Jan 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CDLA_282_2002
20 Jan 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIS_758_2002
20 Jan 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CCS_1040_2002
20 Jan 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C19/02-03(DLA)
20 Jan 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2002] NISSCSC C19/02-03(DLA)
20 Jan 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C22/01-02(IB)
21 Jan 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2001] NISSCSC C22/01-02(IB)
21 Jan 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_3594_2002
21 Jan 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C18/02-03(DLA)
22 Jan 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2002] NISSCSC C18/02-03(DLA)
22 Jan 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CI_1714_2002
24 Jan 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_2443_2002
24 Jan 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_4831_2002
24 Jan 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIS_3781_2002
24 Jan 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CCS_1626_2002
27 Jan 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CDLA_4346_2001
27 Jan 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CCS_2447_2002
27 Jan 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIS_3268_2002
27 Jan 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIB_4404_2002
27 Jan 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIS_4255_2002
28 Jan 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CI_2668_2002
28 Jan 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CSI_744_2002
28 Jan 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIB_3123_2002
28 Jan 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CCS_3671_2002
28 Jan 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CI_4940_2001
29 Jan 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CDLA_3188_2002
30 Jan 2003
SSCS
Benefits
[ Bailii ]
Neil Wood v Secretary of State for Work and Pensions Times, 11 February 2003; [2003] EWCA Civ 53
31 Jan 2003
CA
Lord Justice Dyson Lord Justice Rix Lady Justice Arden
Benefits, Human Rights
The appellant suffered cerebral palsy. Following a review, he was awarded mobility allowance, and then later the mobility component of Disability Living Allowance for life. He applied for the care element also. The respondent refused the care allowance, but also then superseded and cancelled the mobility element. Held: There had to be a change in his circumstances first as to his mobility, to allow any decision to supersede the earlier one. The question arose as to how an appeal against a decision of the respondent was to fit within the statutory scheme. No consistent meaning can be given to the word "superseding" throughout the relevant provisions of the Act and its regulations. "a decision superseding" in section 12(9) means no more than a "decision taken pursuant to the power to supersede" The court preferred to regard "a decision superseding" as an error for "a decision taken pursuant to the power to supersede".
Social Security Act 1998 10 12
1 Cites
[ Bailii ]
(Un-named) [2003] UKSSCSC CIS_2056_2002
31 Jan 2003
SSCS
Benefits
[ Bailii ]
Ramsden v Secretary of State for Work and Pensions [2003] UKSSCSC CDLA_651_2001
31 Jan 2003
SSCS
Benefits
[ Bailii ]
Wood v Secretary of State for Work and Pensions [2003] UKSSCSC CDLA_3912_2001
31 Jan 2003
SSCS
Benefits
[ Bailii ]
Gregory Ramsden v The Secretary of State for Work and Pensions; CA 31-Jan-2003 - [2003] EWCA Civ 32
(Un-named) [2003] UKSSCSC CDLA_2717_2002
3 Feb 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIS_4220_2002
3 Feb 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CDLA_705_2002
4 Feb 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_3376_2002
4 Feb 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2002] NISSCSC C17/02-03(IB)
4 Feb 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C17/02-03(IB)
4 Feb 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C23/01-02(IB)
5 Feb 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2001] NISSCSC C23/01-02(IB)
5 Feb 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
Secretary of State for the Home Department, Regina (on the Application Of) v Chief Asylum Support Adjudicator [2003] EWHC 269 (Admin)
10 Feb 2003
Admn
Benefits, Immigration
Immigration and Asylum Act 1999 95
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_2521_2002
10 Feb 2003
SSCS
Benefits
[ Bailii ]
Larusai, Regina (on the Application Of) v Secretary of State for Works and Pensions [2003] EWHC 371 (Admin)
12 Feb 2003
Admn
Benefits
Recovery of working families tax credit.
[ Bailii ]
(Un-named) [2002] NISSCSC C24/02-03(IB)
13 Feb 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C24/02-03(IB)
13 Feb 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
Secretary of State for Work and Pensions v Whalley [2003] UKSSCSC CI_6027_1999
14 Feb 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CJSA_2683_2002
14 Feb 2003
SSCS
Benefits
[ Bailii ]
Secretary of State for Work and Pensions v Whalley Times, 03 March 2003; [2003] EWCA Civ 166
14 Feb 2003
CA
Lord Justice Mummery Lord Justice Dyson Lord Justice Schiemann
Benefits
The applicant sought to appeal the decision of the Social Security Commissioner as to the date from which he suffered from a prescribed industrial disease. Held: Such a decision under the section was final and was not open to appeal. A later Commissioner could not award any benefit for a time when it had already been decided that he did not suffer the disease, and nor was the claimant entitled to reduced benefit unless he had made a claim for disability allowance.
Social Security Benefits Act 1992 108
[ Bailii ]
Szoma v Southwark London Borough Council [2003] EWHC 356 (Admin)
17 Feb 2003
Admn
Immigration, Benefits
Asylum Support (Interim Provision) Regulations 1999
1 Citers
[ Bailii ]
(Un-named) [2003] UKSSCSC CIB_2584_2002
17 Feb 2003
SSCS
Benefits
[ Bailii ]
AB X and Y, Regina (on the Application of) v East Sussex County Council and Another [2003] EWHC 167 (Admin)
18 Feb 2003
Admn
Munby J
Local Government, Benefits, Human Rights
The physical and psychological integrity which the state may in principle be under an obligation to take positive steps to protect under Article 8 included two particularly important concepts. The first was human dignity, the second was the right of the disabled to participate in the life of the community and to have access to essential economic and social activities and to an appropriate range of recreational and cultural activities.
National Assistance Act 1948 29 - Chronically Sick and Disabled Persons Act 1970 2 - National Health Service and Community Care Act 1990 47 - European Convention on Human Rights 8
1 Cites
1 Citers
[ Bailii ]
(Un-named) [2003] UKSSCSC CSIS_460_2002
18 Feb 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CI_1658_2002
18 Feb 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CG_2122_2001
18 Feb 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CDLA_5506_2002
18 Feb 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CSDLA_444_2002
19 Feb 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIS_4884_2002
20 Feb 2003
SSCS
Benefits
[ Bailii ]
Hinchy v Secretary of State for Work and Pensions Times, 24 February 2003; [2003] EWCA Civ 138; Gazette, 01 May 2003
20 Feb 2003
CA
Lord Jusice Aldous Lord Justice Carnwath Sir Denis Henry
Benefits
The appellant challenged an order requiring her to repay benefits. She had ceased to become entitled to disability allowance when it expired without renewal, and so also lost the right to a severe disability premium. She did not inform the second office of the change in her circumstances. Held: There was a system whereby the two offices should have kept each other informed of such changes. There was no finding that she had acted dishonestly. She said she could not fail to disclose a material fact to the respondent which was already known to him. It was reasonable for her to believe that the information in one department would be made known to the other, and therefore there was no need for her to inform the second, and there had been no non-disclosure.
Social Security Administration Act 1992 71
1 Citers
[ Bailii ]
(Un-named) [2003] UKSSCSC CI_3379_2002
20 Feb 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIS_4501_2002
20 Feb 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CCS_1018_2002
21 Feb 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CCR_2320_2002
21 Feb 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2002] NISSCSC A48/02-03(IB)
21 Feb 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CCS_1018_2002
21 Feb 2003
SSCS
Benefits
[ Bailii ]
(Un-named) (State Pension) [2003] UKSSCSC CP_4479_2000(2)
24 Feb 2003
SSCS
Benefits
The tribunal considered entitlement of the claimant to a guaranteed minimum pension in respect of his occupational pension, and an appeal against the decision of the Secretary of State about the amount of state retirement pension to which the claimant was entitled.
[ Bailii ]
(Un-named) [2003] UKSSCSC CIS_3280_2001
25 Feb 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_4817_2002
25 Feb 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIB_748_2002
25 Feb 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIB_4381_2001
25 Feb 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_5088_2002
26 Feb 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CDLA_3737_2002
26 Feb 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CSDLA_667_2002
26 Feb 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CJSA_1772_2002
26 Feb 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2004] NISSCSC R1/04(DLA)
28 Feb 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CDLA_4214_2002
3 Mar 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CJSA_3875_2002
3 Mar 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CSDLA_866_2002
3 Mar 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CDLA_2377_2002
4 Mar 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C35/02-03(IB)
6 Mar 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2002] NISSCSC C35/02-03(IB)
6 Mar 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_3679_2002
7 Mar 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CDLA_4225_2002
7 Mar 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CCR_780_2002
7 Mar 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CDLA_2106_2002
11 Mar 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CDLA_4958_2002
11 Mar 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CSIB_0053_2003
11 Mar 2003
SSCS
Benefits
[ Bailii ]
Ferguson v Secretary of State for Work and Pensions [2003] EWCA Civ 536
12 Mar 2003
CA
Benefits
The Secretary appealed against a decision that the claimant was entitled to payment of job-seekers' allowance.
[ Bailii ]
(Un-named) [2003] NISSCSC C23/02-03(DLA)
12 Mar 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
Ferguson v Secretary of State for Work and Pensions [2003] UKSSCSC CJSA_2652_2001
12 Mar 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CI_3511_2002
12 Mar 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C15/02-03(IS)
13 Mar 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2002] NISSCSC C15/02-03(IS)
13 Mar 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIB_4841_2002
13 Mar 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CSDLA_629_2002
14 Mar 2003
SSCS
Benefits
[ Bailii ]
(Un-named) (JSA) [2003] UKSSCSC CJSA_1080_2002
17 Mar 2003
SSCS
Benefits
Job Seeker's Allowance
[ Bailii ]
Regina (on the Application of Q and others) v Secretary of State for the Home Department Times, 19 March 2003; [2003] EWCA Civ 364; Gazette, 29 May 2003; [2003] 2 All ER 905; [2003] HRLR 21; [2004] QB 36; [2003] UKHRR 607; [2003] 3 WLR 365; (2003) 6 CCL Rep 136; (2003) 6 CCL Rep 136; [2003] ACD 46
18 Mar 2003
CA
Lord Justice Sedley Lord Justice Clarke Lord Phillips Mr
Immigration, Human Rights, Benefits
The Home Secretary appealed a ruling that his implementation of section 55 was unlawful, having been said to be incompatible with human rights law. Held: The way in which the section had been operated, by denying consideration and all benefits to any asylum applicant who did not claim asylum immediately upon entry, was unfair. There were several possible reasons which might lead to a claim not being made as soon as reasonably practical. These reasons would be disregarded under the appellant's system. The burden of establishing the promptness of the application lay on the asylum seeker. A decision not to provide support could not become unlawful until it became clear that charitable aid would not be forthcoming, and the applicant would be unable to fend for himself. The threshold for establishing inhuman or degrading treatment by the failure to provide support was a high one. The system failed in not explaining properly to the applicant the nature and purpose of the interview. The case workers were not properly directed as to the tests to apply. Regard had to be given to the applicant's state of mind, and the reasons for not applying immediately should be investigated. The interviewer and decision maker needed to be the same person. The applicants had been treated unfairly, and the Secretary of State's appeal was dismissed.
Lord Phillips of Worth Matravers MR said: "The common law of judicial review in England and Wales has not stood still in recent years. Starting from the received checklist of justiciable errors set out by Lord Diplock in the CCSU case [1985] AC 374, the courts (as Lord Diplock himself anticipated they would) have developed an issue-sensitive scale of intervention to enable them to perform their constitutional function in an increasingly complex polity. They continue to abstain from merits review - in effect, retaking the decision on the facts - but in appropriate classes of case they will today look very closely at the process by which facts have been ascertained and at the logic of the inferences drawn from them."
Nationality, Immigration and Asylum Act 2002 55 - European Convention on Human Rights 3 8
1 Cites
1 Citers
[ Bailii ]
Williams v Devon County Council Times, 25 March 2003; [2003] EWCA Civ 365
18 Mar 2003
CA
Personal Injury, Benefits, Damages
The claimant had recovered damages, but was ordered to pay costs since she had recovered less than was paid in. She appealed. Held: There were anomalies in the system with regard to the recoverable social security benefits. The sums recoverable were not reduced in line with any reduction for contributory negligence, benefits could be recovered for time periods for which no award was made, and the benefits could be set off against a wider range of sums. The calculation upon which the costs decision must therefore be made to reflect no more than the amount appropriate for the head of damages against which the benefits could be offset. There remained difficulties which the court should deal with within its discretion.
Civil Procedure Rules 36.20 - Social Security (Recovery of Benefits) Act 1997 8
1 Citers
[ Bailii ]
Smith v Secretary of State for Work and Pensions [2003] EWCA Civ 437
18 Mar 2003
CA
Benefits
Disability Living Allowance
[ Bailii ]
(Un-named) [2002] NISSCSC C20/02-03(IS)
20 Mar 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CDLA_4806_2002
20 Mar 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2002] NISSCSC C10/02-03(IS)
20 Mar 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CJSA_3523_2002
20 Mar 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C10/02-03(IS)
20 Mar 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C20/02-03(IS)
20 Mar 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CF_5505_2002
21 Mar 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIS_521_2002
25 Mar 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2001] NISSCSC C5/01-02(JSA)
25 Mar 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C5/01-02(JSA)
25 Mar 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CSDLA_91_2003
26 Mar 2003
SSCS
Benefits
[ Bailii ]
Secretary of State for Work and Pensions v Chiltern District Council and Another [2003] EWCA Civ 508
26 Mar 2003
CA
Local Government, Benefits, Housing
Child Support, Pensions and Social Security Act 2000
[ Bailii ]
(Un-named) [2002] NISSCSC A1/02-03(IVB)
26 Mar 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_393_2003
28 Mar 2003
SSCS
Benefits
[ Bailii ]
(Un-named) NISSCSC C31/02-03(IB) [2002] NISSCSC C31/02-03(IB)
31 Mar 2003
NISSCS
Northern Ireland, Benefits
Incapacity Benefit
[ Bailii ]
(Un-named) CIB - 4621 - 2002 [2003] UKSSCSC CIB_4621_2002
31 Mar 2003
SSCS
Benefits
Invalidity and uncapacity benefit
[ Bailii ]
(Un-named) C31/02-03 [2003] NISSCSC C31/02-03(IB)
31 Mar 2003
NISSCS
Northern Ireland, Benefits
Incapacity Benefit
[ Bailii ]
Muwanguzi, Regina (on the Application Of) v Secretary of State for the Home Department [2003] EWHC 813 (Admin)
1 Apr 2003
Admn
Immigration, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIB_5336_2002
1 Apr 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C8/02-03(DLA)
2 Apr 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2002] NISSCSC C8/02-03(DLA)
2 Apr 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CI_2586_2002
2 Apr 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CCS_3175_2002
4 Apr 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIS_4502_2002
7 Apr 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIB_3507_2002
7 Apr 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CDLA_3768_2002
7 Apr 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CI_2226_2001
8 Apr 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIS_1722_2002
8 Apr 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CG_2309_2002
8 Apr 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CDLA_402_2003
10 Apr 2003
SSCS
Benefits
[ Bailii ]
Morrell v Secretary of State for Work and Pensions [2003] EWCA Civ 526
11 Apr 2003
CA
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIB_2397_2002
11 Apr 2003
SSCS
Benefits
[ Bailii ]
Morrell v Secretary of State for Work and Pensions [2003] UKSSCSC CIS_5140_2001
11 Apr 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2002] NISSCSC C29/02-03(IB)
14 Apr 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C29/02-03(IB)
14 Apr 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
Gezer, Regina (on the Application of) v Secretary of State for the Home Department [2003] EWHC 860 (Admin)
14 Apr 2003
Admn
Moses J
Human Rights, Immigration, Benefits
1 Citers
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_216_2003
14 Apr 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIS_345_2003
15 Apr 2003
SSCS
Benefits
[ Bailii ]
Secretary of State for Work and Pensions v Nelligan [2003] UKSSCSC CP_3632_2001
15 Apr 2003
SSCS
Benefits
[ Bailii ]
Secretary of State for Work and Pensions v Chiltern District Council and Warden Housing Association [2003] UKSSCSC CH_4943_2001
15 Apr 2003
SSCS
Benefits
[ Bailii ]
Secretary of State for Work and Pensions v Nelligan Times, 23 April 2003; [2003] EWCA Civ 555; Gazette, 03 July 2003
15 Apr 2003
CA
Kennedy, Scott Baker LJJ Blackburne J
Benefits, Administrative
The claimant qualified potentially for a pension based upon her own Class B contributions, or a category A pension. The Class B pension and requested that it be backdated. Held: She could claim one pension but not both. The pension entitlement under the 1992 Act was dependent upon a claim being made. She could not backdate her claim. A construction of section 43 to allow this could not have been intended by Parliament. The section imposed no duty to backdate and no duty to advise her of the possibility.
Social Security Administration Act 1992 1(1) - Social Security Contribution and Benefits Act 1992 43(5)
[ Bailii ]
Gjini, Regina (on the Application of) v London Borough of Islington [2003] EWCA Civ 558
15 Apr 2003
CA
The Vice-Chancellor, Lord Justice Clarke and Lord Justice Kay
Benefits, Immigration, Judicial Review
The appellant challenged the respondent's decision to reduce the amount paid to her by way of asylum support benefit by the amount of child benefit she received. Held: The applicant had failed to make proper disclosure to the court of the facts underlying her case. Since the case had begun, the Coucil had reviewed its policies and uprated the benefits payable. The evidence placed before the court as to the various benefits rates and calculations was weak. It was not possible to say that the method of calculation used by the Council was irrational or inaccurate, and the appeal was dismissed.
The Asylum Support (Interim Provisions) Regulations 1999 6
1 Cites
[ Bailii ]
(Un-named) [2003] NISSCSC CSC2/03-04
15 Apr 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
Regina (K) v Lambeth London Borough Council Times, 14 May 2003
16 Apr 2003
QBD
Silber J
Benefits, Family, Immigration
The applicant sought payment of benefits. She was an asylum seeker but had married after arrival. It seemed to be a marriage of convenience, and had been deemed such by the Home Secretary for the purposes of her intended repatriation. Held: Family law recognised no status of a marriage of convenience. She was deemed to be properly, married, and the rules aplied on that basis. As a dependent asylum seeker she was not entitled to benefits unless refusal would constitute an infringement of her human rights.
National Immigration and Asylum Act 2002 54
(Un-named) [2003] NISSCSC C15/01-02(DLA)
17 Apr 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2001] NISSCSC C15/01-02(DLA)
17 Apr 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CG_1931_2001
17 Apr 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_571_2003
22 Apr 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIS_5048_2002
24 Apr 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CSIB_129_2003
28 Apr 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CP_1753_2002
28 Apr 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CSDLA_655_2002
29 Apr 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CI_5138_2002
29 Apr 2003
SSCS
Benefits
[ Bailii ]
National Association of Colliery Overmen, Deputies and Shot Firers, Regina (on the Application Of) v Secretary of State for Work and Pensions [2003] EWHC 607 (Admin)
1 May 2003
Admn
Benefits, Personal Injury
Social Security Contributions Benefit Act 1992 108
1 Cites
1 Citers
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_5485_2002
1 May 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CDLA_1832_2002
2 May 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CJSA_2414_2001
6 May 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIS_2075_2002
7 May 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2002] NISSCSC C17/02-03(IS)(T
8 May 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C17/02-03(IS)(T
8 May 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CSHC_352_2002
9 May 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CDLA_2609_2002
15 May 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_5126_2002
20 May 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_5130_2002
20 May 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_5128_2002
20 May 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_5125_2002
20 May 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2002] NISSCSC C14/02-03(IS)(T
20 May 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2002] NISSCSC C20/02-03(IB)
20 May 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C14/02-03(IS)(T
20 May 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C20/02-03(IB)
20 May 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_5129_2002
20 May 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIS_4848_2002
21 May 2003
SSCS
Benefits
[ Bailii ]
Geoffrey Chatwin v Janice Lowther [2003] EWCA Civ 729; Times, 04 August 2003
21 May 2003
CA
Lord Justice Brooke Lady Justice Hale Mr Justice Wilson
Damages, Benefits
The case concerned the meaning of the phrase 'compensation for earnings lost' as it applied to self employed persons. Held: The fact that a person's accounts described fees as turnover, did not prevent them being still earnings within the Act.
Social Security (Recovery of Benefits) Act 1997 Sch2 Col1
1 Cites
[ Bailii ]
(Un-named) [2003] UKSSCSC CCS_4476_2002
28 May 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIB_4667_2002
29 May 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CCS_821_2003
29 May 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIS_58_2003
29 May 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2002] NISSCSC C25/02-03(DLA)
2 Jun 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C25/02-03(DLA)
2 Jun 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CDLA_5076_2001
3 Jun 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIB_5435_2002
5 Jun 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CDLA_5250_2002
5 Jun 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CDLA_4331_2002
5 Jun 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CSP_13_2003
5 Jun 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CJSA_4764_2002
5 Jun 2003
SSCS
Benefits
[ Bailii ]
Regina (M) v Islington London Borough Council and Another Times, 12 June 2003; Gazette, 14 August 2003
5 Jun 2003
QBD
Wilson J
Housing, Local Government, Immigration, Benefits
The applicant had come to England from Guyana. She married here and had a child, but after her divorce, she was to be removed back to her home country. She applied for emergency housing, but was offered only short term housing and the cost of a flight back to Guyana for herself and her child. She appealed, saying that it might yet take a longer time for any order for her removal to come through. Held: The claimant was no longer lawfully present in the UK. There was statutory support for the withdrawal of support provided her human rights were not infringed, but the prohibition on support did not extend to her child, and support could be continued where the claimant had not failed to co-operate with attempts at her removal. The decision with respect to the claimant was lawful, but as regards the decision about the child, the local authority had failed to consider the rights of the child's father, and had obtained no evidence as to the child's possible future in Guyana. Their s17 assessment was flawed and set aside.
Witholding and Withdrawal of Support (travel Assistance and Temporary Accomodation) regulations 2002 (2002 No 3078) 3(3) - Children Act 1989 17
1 Cites
1 Citers
(Un-named) (Mobility Component) [2003] UKSSCSC CDLA_57_2003
9 Jun 2003
SSCS
Benefits
[ Bailii ]
(Un-named) (DLA) [2003] UKSSCSC CDLA_2408_2003
9 Jun 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CDLA_2408_2002
10 Jun 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CG_1259_2002
12 Jun 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CJSA_232_2003
12 Jun 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CCS_61_2003
16 Jun 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIB_908_2003
16 Jun 2003
SSCS
Benefits
[ Bailii ]
Carson and Reynolds v Secretary of State for Work and Pensions [2003] EWCA Civ 797; Times, 28 June 2003; [2003] 3 All ER 577
17 Jun 2003
CA
Lord Justice Laws Lord Justice Rix Lord Justice Simon Brown
Discrimination, Human Rights, Benefits
The claimant Reynolds challenged the differential treatment by age of jobseeker's allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a 'possession' within the Convention or the discrimination was arbitrary so as to breach the applicants human rights. Held: The meaning of possessions within the Convention was autonomous. In the field of social security the Strasbourg court has drawn a line between contributory and non-contributory benefits. The decision to exclude foreign residents from uprating of benefits was objectively justified without regard to cost. Equally there was an objective justification for the differentiation between under and over 25s in the payment of benefits, at least as regards jobseekers allowance.
European Convention on Human Rights - Jobseekers Allowance Regulations 1996 79 - Jobseekers Act 1995 4(1)
1 Cites
1 Citers
[ Bailii ]
Secretary of State for Work and Pensions v Stephen Charles Adams [2003] EWCA Civ 796
18 Jun 2003
CA
Lord Justice Clarke Lord Justice Sedley The President
Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C2/03-04(IS)
18 Jun 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_5299_2002
18 Jun 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_4972_2002
18 Jun 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CCS_3553_2002
19 Jun 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CJSA_2082_2002
20 Jun 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CCS_4452_2002
20 Jun 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CCS_4451_2002
20 Jun 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIB_3519_2002
23 Jun 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_5553_2002
23 Jun 2003
SSCS
Benefits
[ Bailii ]
A, Regina (on the Application of) v National Asylum Support Service and Another [2003] EWHC 1402 (Admin)
24 Jun 2003
Admn
Benefits, Immigration
1 Cites
1 Citers
[ Bailii ]
(Un-named) [2003] UKSSCSC CCS_517_2003
25 Jun 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CJSA_549_2003
25 Jun 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C9/03-04(DLA)
26 Jun 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2002] NISSCSC C2/02-03(TC)
26 Jun 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
Regina v Secretary of State for the Home Department ex parte Anufrijeva; HL 26-Jun-2003 - [2003] UKHL 36; Times, 27 June 2003; Gazette, 04 September 2003; [2003] INLR 521; [2003] HRLR 31; [2003] Imm AR 570; [2004] 2 WLR 603; [2004] 1 AC 604; [2004] 1 All ER 833
(Un-named) [2003] NISSCSC C9/03-04(DLA)
26 Jun 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C2/02-03(TC)
26 Jun 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CDLA_5529_2002
30 Jun 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIS_788_2003
30 Jun 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CCR_4919_2001
30 Jun 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CDLA_5574_2002
1 Jul 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2002] NISSCSC C33/02-03(IB)
1 Jul 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C33/02-03(IB)
1 Jul 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C7/03-04(DLA)
2 Jul 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C2/02-03(JSA)
2 Jul 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2002] NISSCSC C2/02-03(JSA)
2 Jul 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CTC_4713_2002
2 Jul 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIS_2699_2001
7 Jul 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CTC_4080_2002
7 Jul 2003
SSCS
Benefits
[ Bailii ]
Sandwell Metropolitan Borough Council, Regina (on the Application of) v Perks and Another; Admn 8-Jul-2003 - [2003] EWHC 1749 (Admin)
(Un-named) [2003] UKSSCSC CS_2927_2002
8 Jul 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CDLA_1138_2003
8 Jul 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIS_1068_2003
9 Jul 2003
SSCS
Benefits
[ Bailii ]
Regina (on the Application of Mani) v London Borough of Lambeth [2003] EWCA Civ 836; Times, 23 July 2003; [2004] BLGR 35
9 Jul 2003
CA
Lord Justice Judge, Lord Justice Simon Brown Mr Justice Nelson
Immigration, Benefits, Housing
Where a destitute and disabled asylum seeker had a clear need for care and attention, the local authority had a duty to provide it. The claimant was an asylum seeker, with impaired mobility and a history of mental halth difficulties. At first he was provided accommodation by NASS, but was unhappy with it and sought assistance direct from the respondent council. Which was responsible? The council argued that the 1948 Act applied only to those whose disability directly affected there housing needs. Held: The argument failed in the light of the authorities. The council had responsibility.
National Asssistance Act 1948 21 - Immigration and Asylum Act 1999 95
1 Cites
1 Citers
[ Bailii ]
Verna Jones v The Secretary of State for Work and Pensions [2003] EWCA Civ 964
10 Jul 2003
CA
Lord Justice Dyson Lord Justice Buxton Lord Justice Schiemann
Benefits
The claimant had spent some twelve thousand pounds on a car. She now appealed a refusal of benefit based upon the suggestion that she had deliberately reduced her capital to make herself eligible. She had sold land, but the proceeds had been used to repay debts. For one debt, a friend proposed that they purchase the car to be held as security for the debt. Held: The tribunal had accepted that before the sale, the creditor friend had been pressing for repayment, and that in practice the car belonged to the friend. The court was "not presently persuaded that a debtor who repays a debt repayable on demand but which has not in fact been demanded, e.g. a bank overdraft, must by virtue of Regulation 51 necessarily be treated as possessing that sum as capital. " Even if the debt is not immediately repayable, the repayment of it by a debtor will not necessarily have been made for the forbidden purpose. It is a question of fact. Appeal allowed.
1 Cites
[ Bailii ]
Regina (B) v Merton London Borough Council; Admn 14-Jul-2003 - [2003] EWHC 1689 (Admin); Times, 18 July 2003; [2003] 4 All ER 280
(Un-named) [2003] UKSSCSC CIS_4712_2002
14 Jul 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CDLA_4708_2002
14 Jul 2003
SSCS
Benefits
[ Bailii ]
B and Another, Regina (on the Application Of) v Hackney [2003] EWHC 1654 (Admin)
15 Jul 2003
Admn
Immigration, Benefits, Local Government
[ Bailii ]
(Un-named) [2003] UKSSCSC CIS_2456_2000
15 Jul 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIS_2463_2000
15 Jul 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2002] NISSCSC C46/02-03(DLA)
15 Jul 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_1278_2002
18 Jul 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CSA_993_2002
21 Jul 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIS_1189_2003
21 Jul 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIB_4598_2002
22 Jul 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CI_483_2003
22 Jul 2003
SSCS
Benefits
[ Bailii ]
B, Regina (on the Application of) v Calderdale Metropolitan Borough Council [2003] EWHC 1832 (Admin); Times, 11 September 2003; Gazette, 26 February 2004
24 Jul 2003
Admn
Stanley Burnton, J
Benefits, Housing
The claimant appealed against rejection of his application for a grant in respect of works in his home for safety purposes. His son suffered a personality disorder resulting in aggressive behaviour. He sought a grant for the cost of creating separate bedrooms for the protection of the sibling. Held: The grants are mandatory, but could not be used to provide for the safety not of the person suffering disability, but of another member of the family. The authority had correctly considered the issues before it, and it had accepted that a separate bedroom would be of benefit to the disturbed son's own behavioural problems, but that did not go to his own safety.
Housing Grants, Construction and Regeneration Act 1996 23
[ Bailii ]
(Un-named) [2003] UKSSCSC CI_5029_2002
25 Jul 2003
SSCS
Benefits
[ Bailii ]
Secretary of State for Work and Pensions v Miah [2003] UKSSCSC CJSA_4620_2000
25 Jul 2003
SSCS
Benefits
[ Bailii ]
Secretary of State for Works and Pensions v Mohammed Miah [2003] EWCA Civ 1111; Times, 05 September 2003; Gazette, 02 October 2003
25 Jul 2003
CA
Lord Justice Ward, Lord Justice Mance, And Mr Justice Nelson
Benefits
The claimant sought benefits. He had a large family which could only be housed in two adjacent houses. His claim for benefit was turned down on the basis that the second house was not regarded as his home, and therefore stood as capital, resulting in his exclusion from benefit. His appeal was allowed, and the Secrretay of State now appealed in turn. Held: The important definition was "dwelling occupied as the home" The scheme of Regulations was not drafted with any consistency, and the court could only look to the regulations themselves. The claimant used both houses as his home, and construing the regulations in a common sense way, the appeal failed.
Jobseekers Act 1995 13(1) - Jobseekers Allowance Regulations 1996 107(1)
1 Cites
[ Bailii ]
(Un-named) [2003] NISSCSC C18/02-03(IS)
29 Jul 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2002] NISSCSC C18/02-03(IS)
29 Jul 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2004] NISSCSC R1/04(IB)
29 Jul 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CP_1318_2001
30 Jul 2003
SSCS
Benefits
[ Bailii ]
Szoma v Secretary of State for Work and Pensions [2003] EWCA Civ 1131; Times, 22 August 2003
30 Jul 2003
CA
Lord Justice Pill Mr Justice Maurice Kay Lord Justice Carnwath
Benefits, Immigration
The applicant, a foreign national had been given temporary admission to the UK. He received income support. But this ceased after his asylum application was rejected, and he remained resident. Held: The legislation now made specific reference to the concept of lawful presence, and required this before an entitlement to benefits arose. The case of Bugdaycay had set that concept out, and this had been confirmed in Kaya's case, and now again by this court.
Immigration and Asylum Act 1999 115(1) 115(3) - Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (2000 No 636)
1 Cites
1 Citers
[ Bailii ]
K v London Borough of Lambeth [2003] EWCA Civ 1150
31 Jul 2003
CA
Lord Phillips Of Worth Matravers, Mr Lord Justice Judge And Lord Justice Kay
Housing, Benefits, Immigration, Human Rights
The claimant appealed against refusal of judicial review. She had entered the UK, and applied for asylum. She was then found to have contracted a marriage of convenience, and thus become ineligible for support. She appealed and now sought housing assistance pending decision on her removal. The authority refused assistance on the basis that she was wife of an EU national, but she was to be removed because that marriage was not genuine. Held: An asylum seeker is not to be equated with a foreign national seeking to establish a right of residence. Having abandoned the asylum aplication, the court could not make an decision assuming she could not return to her country of origin. Strasbourg jurisprudence does not require a claimant, seeking entry for family reasons, to be permitted to enter, or to remain here on public support, pending the resolution of her disputed claim. She had in the past demonstrated the ability to support herself, and the judge's finding that she might do so again was not irrational.
Nationality Immigration and Asylum Act 2002 2
1 Cites
[ Bailii ]
Moyna v Secretary of State for Work and Pensions; HL 31-Jul-2003 - [2003] 4 All ER 162; (2003) 73 BMLR 201; [2003] UKHL 44; Times, 11 August 2003; [2003] 1 WLR 1929
Secretary of State for Work and Pensions v Moyna [2003] UKSSCSC CDLA_5438_1999
31 Jul 2003
SSCS
Benefits
1 Citers
[ Bailii ]
(Un-named); SSCS 31-Jul-2003 - [2003] UKSSCSC CSIB_43_2003
Regina (Kimani) v Lambeth London Borough Council Gazette, 02 October 2003
31 Jul 2003
CA
Lord Phillips of Worth Matravers MR, Lords Justice Judge and Kay
Immigration, Benefits
An asylum seeker married an Irish national after entry after refusal, but before being removed. Held: The definition of marriage did not exclude marriages of convenience. Unlike an asylum seeker afraid of returning home, one who had a right to stary pending determination of her appeal had no right to benefits.
(Un-named) [2003] UKSSCSC CSHB_718_2002
4 Aug 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CI_1605_2002
5 Aug 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CSIS_1009_2002
5 Aug 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CP_1673_2003
6 Aug 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CP_3143_2002
6 Aug 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2002] NISSCSC C16/02-03(IS)
8 Aug 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C16/02-03(IS)
8 Aug 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C3/03-04(DLA)
13 Aug 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) (DB) [2003] UKSSCSC CI_4582_2002
14 Aug 2003
SSCS
Benefits
Disablement Benefit
[ Bailii ]
(Un-named) [2003] UKSSCSC CJSA_1134_2003
18 Aug 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_474_2002
18 Aug 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIB_638_2003
19 Aug 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_299_2003
19 Aug 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIS_825_2001
21 Aug 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CI_5331_2002
21 Aug 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_1953_2003
26 Aug 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_329_2003
29 Aug 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CCS_4386_2001
29 Aug 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CA_1481_2003
29 Aug 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CCS_4994_2002
1 Sep 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_2516_2003
2 Sep 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_1208_2003
3 Sep 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIB_1381_2003
5 Sep 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_2791_2003
8 Sep 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C5/03-04(DLA)
10 Sep 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CI_1489_2003
15 Sep 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_69_2003
15 Sep 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C1/03-04(DLA)
18 Sep 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIB_399_2003
18 Sep 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CG_734_2003
18 Sep 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CDLA_2462_2003
18 Sep 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CCS_1674_2003
19 Sep 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_1205_2003
22 Sep 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIS_2278_2003
22 Sep 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CDLA_2166_2003
23 Sep 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CP_2055_2003
23 Sep 2003
SSCS
Benefits
[ Bailii ]
Regina (T) v the Secretary of State for the Home Department; similar [2003] EWCA Civ 1285; Times, 09 October 2003; (2003) 7 CCLR 53
23 Sep 2003
CA
Lord Justice Kennedy Lord Justice Sedley Lord Justice Peter Gibson
Immigration, Benefits, Human Rights
The claimant asylum seeker had been refused benefits having failed to declare his application on entry. The Secretary now appealed a finding that the decision was flawed. Was the treatment of the applicant inhuman or degrading? Held: No simple test could be laid down, and each case is to be considered individually. The appeal court, having seen al the evidence was in a position to judge the situation just as much as was the judge at first instance. The conclusion reached did not follow from the evidence, and was set aside. It was not possible to find inhuman or degrading treatment in the circumstances of this case.
Nationality, Immigration and Asylum Act 2002 55 - European Convention on Human Rights 3
1 Cites
1 Citers
[ Bailii ]
(Un-named) [2003] UKSSCSC CIS_2208_2003
25 Sep 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CI_1293_2003
30 Sep 2003
SSCS
Benefits
[ Bailii ]
Application for Leave To Appeal By Susan McAllister Against A Decision of A Social Security Commissioner
1 Oct 2003
OHCS
Lord President And Lord Marnoch And Lord Wheatley
Scotland, Benefits
[ ScotC ]
(Un-named) [2003] NISSCSC C13/03-04(DLA)
1 Oct 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CDLA_2115_2003
2 Oct 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CCS_2735_2002
2 Oct 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CCS_2858_2002
6 Oct 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CDLA_0997_2003
6 Oct 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CDLA_997_2003
6 Oct 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CSDLA_65_2003
6 Oct 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CCS_5515_2002
7 Oct 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CSDLA_237_2003
7 Oct 2003
SSCS
Benefits
[ Bailii ]
Salih and Another v Secretary of State for the Home Department; Admn 8-Oct-2003 - [2003] EWHC 2273 (Admin); Times, 13 October 2003
(Un-named) [2003] UKSSCSC CH_5216_2001
8 Oct 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIS_4511_2002
9 Oct 2003
SSCS
Benefits
[ Bailii ]
Shire v Secretary of State for Work and Pensions [2003] EWCA Civ 1465; Times, 30 October 2003
13 Oct 2003
CA
The Lord Chief Justice Of England And Wales, (The Lord Woolf Of Barnes) Lord Justice Chadwick And Lord Justice Buxton
Benefits, Immigration
The claimant, a Somali woman, had arrived at Gatwick Airport from Yemen at 10.30 pm on 29 August 1999 and not claimed asylum until 31 August (the intervening day being a bank holiday). Her reason for not claiming at Gatwick was that she was accompanied by an agent who unsurprisingly was concerned that nothing be done which might occasion his arrest for facilitation. The claimant had lodged her appeal with the court of appeal but then sought to change the grounds upon which the appeal was based. The claimant did not forewarn the court. Held: "In a situation of that nature it is highly desirable that those who act on behalf of the appellant should write to the court and to the other party indicating the proposed nature of the changed case which is to be advanced, seeking the directions of the court as to whether the matter should be dealt with at the beginning of the hearing of the appeal or by directions being given by the court prior to the hearing of the appeal. " In this case, the question was what was meant by the obligation on an asylum applicant to make a claim 'on his arrival'. Here she acted under the direction of an agent who arranged her immigration, and must be assumed to be under that agent's direction. The claim had not been made on her arrival.
1 Citers
[ Bailii ]
(Un-named) [2003] UKSSCSC CCR_1251_2003
15 Oct 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CCR_427_2003
15 Oct 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIB_1886_2003
16 Oct 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C23/03-04(DLA)
16 Oct 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CDLA_1898_2003
20 Oct 2003
SSCS
Benefits
[ Bailii ]
A, Regina (on the Application of) v National Asylum Support Service and Another [2003] EWCA Civ 1473
23 Oct 2003
CA
Immigration, Benefits
1 Cites
1 Citers
[ Bailii ]
Regina (on the Application of A) v National Asylum Support Service, London Borough of Waltham Forest [2003] EWCA Civ 1473; Times, 31 October 2003
23 Oct 2003
CA
Lord Justice Brooke Lord Justice Clarke Lord Justice Waller
Benefits, Immigration, Housing
A family of asylum seekers with two disabled children would be destitute without "adequate" accommodation. What was such accommodation? Held: The authority was under an absolute duty to house such a family. In satisfying such duty, it was adequate to place them immediately in temporary accommodation which would be adequate in the short term, pending the finding of properly suitable accommodation for the longer term. A balancing exercise had to be made. The adequacy of the temporary accommodation was not to be tested as to its adequacy for non-disabled children, but rather for the disabilities of these particular children.
Immigration and Asylum Act 1999 95
1 Cites
1 Citers
Roberts, Regina (on the Application Of) v Department for Work and Pensions [2003] EWHC 2920 (Admin)
27 Oct 2003
Admn
Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C3/03-04(ICA)
27 Oct 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C8/03-04(DLA)
27 Oct 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_1325_2003
28 Oct 2003
SSCS
Benefits
[ Bailii ]
Regina (Secretary of State for the Home Department) v Chief Asylum Support Adjudicator and Another (Ahment Godan) Times, 13 November 2003; (2003) 34 HLR 423
28 Oct 2003
CA
Sir Andrew Morritt VC, Buxton LJ, Laws LJ
Immigration, Benefits
The applicant was an asylum applicant. She sought to appeal a decision to stop support payments. She appealed a decision that she had no right to appeal. Held: A decision which might give rise to an appeal only occurred if the applicant had an existing right to support which had been terminated.
Immigration and Asylum Act 1999 102(3)
1 Cites
1 Citers
(Un-named) [2003] NISSCSC C25/03-04(DLA)
28 Oct 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CG_2611_2003
29 Oct 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_4546_2002
29 Oct 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_563_2003
29 Oct 2003
SSCS
Benefits
[ Bailii ]
Regina on the Application of Isle of Anglesey County Council v Secretary of State for Work and Pensions [2003] EWHC 2518 (Admin)
30 Oct 2003
Admn
The Hon Mr Justice Lindsay
Local Government, Benefits
The claimant council sought re-imbursement from the Secretary of the excess housing benefit payments it had made to claimants. The system expected the Council to have made referrals of high rents to rent officers. The respondent had decided that it had been a failure to make such referrals had led to the overpayments, and that the Council had received benefit. The Council replied that it had received nothing which it had not paid on, and that a failure to make repayment, even of a part of the overpayment, would cause it hardship. Held: The decision taken by the Secretary of State was lawful, and nor was there any other adequate reason to quash the decision to recover the sum demanded.
Social Security Contributions & Benefits Act 1992 123(1)(d) 123(3)
1 Cites
1 Citers
[ Bailii ]
(Un-named) [2003] NISSCSC C27/03-04(DLA)
30 Oct 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C10/03-04(IB)
4 Nov 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CF_2735_2003
4 Nov 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C4/03-04(DLA)
4 Nov 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
Commission v Netherlands C-311/01; [2003] EUECJ C-311/01
6 Nov 2003
ECJ
A La Pergola
European, Benefits
ECJ Failure of a Member State to fulfil obligations - Social security - Articles 69 and 71 of Regulation (EEC) No 1408/71 - Unemployment benefit - Frontier workers - Retention of benefit entitlement when seeking employment in another Member State
Regulation (EEC) No 1408/71 69 71
[ Bailii ]
RIS - 11 - 04 [2003] UKSSCSC CIS_5379_2002
6 Nov 2003
SSCS
Benefits, Immigration
Residence and presence conditions - "person subject to immigration control" - whether maintenance undertaking made pursuant to the Immigration Rules if not made on official form.
[ Bailii ]
Zar Begum v Social Security Commissioners and Another; Admn 6-Nov-2003 - Times, 04 December 2003; Gazette, 02 January 2004; [2003] EWHC 3380 (Admin)
(Un-named) [2003] NISSCSC C18/03-04(DLA)
6 Nov 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C6/03-04(DLA)
7 Nov 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_1210_2003
12 Nov 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIS_4320_2002
12 Nov 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C14_03_04(DLA)
12 Nov 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CCS_1418_2003
14 Nov 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C31/03-04(DLA)
18 Nov 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_2743_2003
18 Nov 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_2329_2003
18 Nov 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CSIB_377_2003
18 Nov 2003
SSCS
Benefits
[ Bailii ]
Secretary of State for Defence v Cheryl Ann Hulme [2003] EWCA Civ 1611
19 Nov 2003
CA
Lord Justice Mummery Lord Justice Sedley Mr Justice Munby
Armed Forces, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIS_3042_2003
20 Nov 2003
SSCS
Benefits
[ Bailii ]
(Un-named) (IS) [2003] UKSSCSC CIS_2011_2003
21 Nov 2003
SSCS
Benefits
Income Support
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_1855_2003
24 Nov 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_663_03
24 Nov 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CSDLA_12_2003
24 Nov 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CDLA_2998_2003
25 Nov 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C1/03-04(IB)
26 Nov 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CCR_2365_2003
28 Nov 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CH_4970_2002
28 Nov 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C2/03-04(IB)
28 Nov 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIS_2651_2003
28 Nov 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIS_4901_2002
28 Nov 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIS_2607_2003
28 Nov 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CDLA_3242_2003
2 Dec 2003
SSCS
Benefits
[ Bailii ]
(Un-named) DLA [2003] NISSCSC C33/03-04(DLA)
2 Dec 2003
NISSCS
Northern Ireland, Benefits
Disability Living Allowance
[ Bailii ]
Nina Kristiansen v Rijksdienst voor Arbeidsvoorziening (Judgment) C-92/02; [2003] EUECJ C-92/02
4 Dec 2003
ECJ
European, Benefits
ECJ Social security - National system of unemployment benefits laying down a rule against overlapping of benefits as regards certain income - Unemployment benefits for former members of the temporary staff of the European Communities - Freedom of movement for workers - National scheme of unemployment insurance - Classification of post-graduate occupation - Occupation of trainee fellowship student - Different classification in other Member States of the EEA - Discrimination.
[ Bailii ]
(Un-named) [2003] UKSSCSC CDLA_2924_2003
5 Dec 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CSI_248_2003
5 Dec 2003
SSCS
Benefits
[ Bailii ]
Louisa G v Wandsworth London Borough Council [2003] EWHC 2941 (Admin)
5 Dec 2003
Admn
Health, Benefits, Local Government
[ Bailii ]
(Un-named) [2003] UKSSCSC CIS_1010_2003
5 Dec 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CJSA_580_2003
8 Dec 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CSI_146_2003
11 Dec 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CDLA_2409_2003
12 Dec 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CI_2543_2002
15 Dec 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIB_460_2003
16 Dec 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CIB_3933_2001
16 Dec 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CP_2872_2003
17 Dec 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C11/03-04(DLA)
17 Dec 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2002] NISSCSC C37/02-03(IB)
19 Dec 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
(Un-named) [2003] NISSCSC C37/02-03(IB)
19 Dec 2003
NISSCS
Northern Ireland, Benefits
[ Bailii ]
Douglas v North Tyneside Metropolitan Borough Council Times, 22 January 2004; [2004] 1 All ER 709
19 Dec 2003
CA
Thorpe, Jonathan Parker, Scott Baker LJJ
Education, Benefits, Human Rights
The applicant had sought a student loan to support his studies as a mature student. It was refused because he would be over 55 at the date of the commencement of the course. He claimed this was discriminatory. Held: The Convention required the state not to prevent access to education, not a duty to subsidise education. Though tertiary education fell within the meaning of 'education' in the Convention, the loan arrangements did not. Article 14 was not engaged. "The bottom line is that the measures of which complaint is made have to be linked to the exercise of the right guaranteed. The Secretary of State's argument is that the Student Support Regulations are not intended to promote the subject matter of Article 2. They are not to do with the right to education. Their purpose, as is set out in the evidence, is to encourage greater access to higher education primarily for students wishing to improve their skills and qualifications." The court accepted that argument.
European Convention on Human Rights 14
1 Cites
1 Citers
(Un-named) [2003] UKSSCSC CJSA_1741_2003
22 Dec 2003
SSCS
Benefits
[ Bailii ]
(Un-named) [2003] UKSSCSC CTC_5401_2002
23 Dec 2003
SSCS
Benefits
[ Bailii ]
