Regina v Secretary of State for Social Security ex parte Sutherland: Admn 7 Nov 1996

The Secretary of State has no power to issue regulations which would withhold benefits pending an appeal against their refusal. Laws J said: ‘where the executive has been allowed by the legislature to make law, it must abide strictly by the terms of its delegated authority.’


Laws J


Times 02-Jan-1997, [1996] EWHC Admin 208




England and Wales

Cited by:

CitedSecretary of State for The Home Department v Pankina CA 23-Jun-2010
Each claimant had graduated from a tertiary college and wished to stay on in the UK. They challenged the points based system for assessing elgibility introduced in 2008 after they had commenced their studies. The new rules tightened the criteria for . .
Lists of cited by and citing cases may be incomplete.

Benefits, Constitutional

Updated: 25 May 2022; Ref: scu.136756