Malekout, Regina (on the Application Of) v Secretary of State for Health: CA 11 Oct 2005

The claimant had been obliged to retire from his practice as a dentist after an injury. He had continued to work for three years at a much reduced income. He said that the pension benefits payable to him had been miscalculated, and that by taking the period too short, the later years reduced earnings had improperly reduced the average and the payable pension. He claimed that the calculation had been made under the new regulations, but had they been calculated under the earlier regulations applicable at the time, the longer period should have been used.
Held:The appeal was dismissed. The calculation depended on the ‘date of deemed retirement’, which in turn depended upon the eligibility to retirement. The term eligible could relate only to current eligibility. On that basis the respondent’s interpretation was correct. Had appropriate notice been given the claimant might have had any adverse result arising from the change in regulations disapplied. No such notice had been given, and no waiver was established. In any event any difference would have been minimal.


Chadwick, Rix, Carnwath LJJ


[2005] EWCA Civ 1170




National Health Service (Injury Benefits) Regulations 1995


England and Wales


Appeal fromMalekout v Secretary of State for Health Admn 10-Dec-2004
The claimant had been a dentist. He was eligible for a health service injury allowance, having ceased to be employed because of an injury. He appealed a finding that he was entitled to benefit calculated only on the average of his emoluments . .
Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 04 July 2022; Ref: scu.231045