Challenge to defendant’s practice in seeking recovery of overpayments. Held: The court refused to grant a declaration that the respondent could not use common law or equitable powers to recover over-payment of benefits where the payee had neither misrepresented his position, nor otherwise been at fault. Judges: Michael Supperstone QC Citations:  EWHC 341 (Admin), … Continue reading Child Poverty Action Group, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 27 Feb 2009
CPAG appealed against a refusal of a declaration that the respondent could use only the 1992 Act to recover overpayment of benefits where there had been neither misrepresentation nor non-disclosure. Held: The appeal succeeded, and the court made a declaration that: ‘where a benefit falling within section 71(11) of the Social Security Administration Act 1992 … Continue reading Child Poverty Action Group, Regina (on the Application of) v Secretary Of State for Work and Pensions: CA 14 Oct 2009
The claimant appealed a discontinuance of his Disability Living Allowance. He had been re-assessed after a request for a review of his allowance on being diagnosed as a diabetic. On re-assessment, the doctor used assessment standards based upon diabetics with visual impairment, but the original allowance had been for his lack of mobility. Having failed … Continue reading Miah v The Secretary of State for Social Security: CA 3 May 2002
Judges: Collins J Citations:  EWHC Admin 350 Links: Bailii Statutes: Social Security Administration Act 1992 18(3) Jurisdiction: England and Wales Taxes – Other Updated: 29 May 2022; Ref: scu.140165
Citations:  EWHC Admin 369 Links: Bailii Statutes: Social Security Administration Act 1992 Benefits Updated: 29 May 2022; Ref: scu.140184
Citations:  EWHC Admin 195 Links: Bailii Statutes: Social Security Administration Act 1992 112 Crime, benefits Updated: 25 May 2022; Ref: scu.136743
The appellant had had repayable awards from the social fund and also income support benefit. Deductions were made from the benefit to repay the awards. Her estate was sequestrated. She argued that the awards should no longer be deducted. Held: Deductions by way of recoupment for overpayments of benefit were correctly continued after bankruptcy.Lord Jauncey … Continue reading Mulvey v Secretary of State for Social Security: HL 20 Mar 1997
The plaintiff sought to challenge the policy of the respondent which prevented the issue of a new National Insurance (NI) number on completion of gender re-assignment surgery. She now appealed against denial of her claim. Held: The policy was lawful. McCowan LJ said: ‘since it will not make the slightest practical difference, far from the … Continue reading Regina v Secretary of State for Social Services ex parte Hooker: CA 1983
Where an applicant had been granted a lifetime disabled living allowance, but appealed on an issue related to the mobility component of that award which had been for a term also, the tribunal was not to consider the validity of the disabled living allowance as a whole. The tribunal must identify the individual grounds for … Continue reading Ashraf v Secretary of State for Social Security: CA 17 Dec 1999
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National Insurance Contributions; failure by limited company to pay contributions; Personal Liability Notice served on director; whether failure to pay attributable to neglect on the part of directors; Social Security Administration Act 1992 s . .
Recoverable overpayment of income-related Employment and Support Allowance following failure to disclose receipt of occupational pension – Civil penalty imposed under section 115D Social Security Administration Act 1992 -whether ‘reasonable excuse’ . .
National Insurance: Non-payment of contributions by limited company – Neglect – Personal Liability Notice served on director – Social Security Administration Act 1992, s121C and D – Appeal refused. . .
The claimant challenged the certificate issued in his prosecution as to the date on which the prosecutor said that sufficient evidence had come into his hands, to commence a prosecution under the 1988 Act. Judges: Scott Baker LJ, Cranston J Citations:  EWHC 3177 (Admin) Links: Bailii Statutes: Social Security Administration Act 1992 Jurisdiction: England … Continue reading Azam v Epping Forest District Council: Admn 8 Oct 2009
The claimant challenged the decisions of the magistrates first to convict him under the 1992 Act in his absence, and then to refuse to re-open the case. He had attended late on the trial date, after attending hospital overnight with his young daughter, and his solicitors had only received confirmation of the representation order one … Continue reading James v Tower Bridge Magistrates’ Court: Admn 9 Jun 2009
Claim – claimant relying on a decision of the Court of Appeal – whether tribunal bound by section 68 of the Social Security Administration Act 1992On 2 December 1992, the Court of Appeal held in Cottingham and Geary v. Chief Adjudication Officer and Secretary of State for Social Security (reported as R(P) 1/93) that occupational … Continue reading (Un-named) (Invalidity Pension): SSCS 20 May 1997
The defendant appealed his convictions for offences relating to the claiming of benefits, saying that he was immune from prosecution as a member of the European Parliament, and that the verdicts were inconsistent with acquittals on other charges. Held: There had been no abuse of process in prosecuting the defendant whilst he was a member … Continue reading Mote v Regina: CACD 21 Dec 2007
The Secretary of State appealed a decision that its reclaim of overpayments of benefit were no longer possible after the discharge from insolvency of the claimant. The overpayment had been reclaimed before bankruptcy. Held: At the time of the bankruptcy the debt was not a contingent debt. The secretary of state had demanded its repayment, … Continue reading Secretary of State for Work and Pensions v Balding: CA 13 Dec 2007
The claimant sought housing benefit. He had married a Thai lady who had not yet received permission to remain in this country, having entered promising not to make a call on public funds. Held: The authority was correct to refuse benefit where the claimant gave only one National Insurance Number. This was a claim for … Continue reading Secretary of State for Work and Pensions v Wilson: CA 29 Jun 2006
NATIONAL INSURANCE CONTRIBUTIONS – section 121C Social Security Administration Act 1992 – personal liability notice – liability of director for company’s contributions – fraud or neglect on the part of a director COSTS – Regulation 21(1), Special Commissioners (Jurisdiction and Procedure) Regulations 1994 – Appellant withdrawing two grounds of appeal shortly before hearing – Whether … Continue reading Inzani v Revenue and Customs: SCIT 29 Mar 2006
Judges: Auld LJ, Newman J Citations:  EWHC 500 (Admin) Links: Bailii Statutes: Social Security Administration Act 1992 112(1A) Benefits, Crime Updated: 05 July 2022; Ref: scu.239184
Judges: Smith LJ, Newman J Citations:  EWHC 195 (Admin) Links: Bailii Statutes: Social Security Administration Act 1992 112 Benefits, Crime Updated: 05 July 2022; Ref: scu.239245
The claimant had received an overpayment of benefits (Job seeker’s allowance), but then was made bankrupt. He now said that this was a debt in the bankruptcy. Held: It was not. At the date of the bankruptcy order, the possible reclaim was not yet a contingent debt, and he remained liable. There was no contingent … Continue reading Steele, Regina (on the Application of) v Birmingham City Council and The Secretary of State for Work and Pensions: CA 16 Dec 2005
Judges: Field J, Rose LJ Citations:  EWHC 1486 (Admin) Links: Bailii Statutes: Social Security Administration Act 1992 111A(1A) Jurisdiction: England and Wales Cited by: Not Approved – Mote v Regina CACD 21-Dec-2007 The defendant appealed his convictions for offences relating to the claiming of benefits, saying that he was immune from prosecution as a … Continue reading Parry v Halton Magistrates’ Court and Another: Admn 20 Jun 2005
The authority had received too much by way of housing benefit subsidy in 1991 and 1992, having failed to refer rents to rent officers. It now challenged the decision of the respondent to recover the overpayment by deductions from future payments. Held: The respondent could recover the overpayment in the way proposed. The later policy … Continue reading London Borough of Lambeth, Regina (on the Application Of) v Secretary of State for Work and Pensions: Admn 20 Apr 2005
After conviction for benefits fraud, the defendant appealed a confiscation order, saying that had he made appropriate claims for state benefirs under other heads, the loss to the state would have been much less (andpound;3000 not andpound;19,000). Held: The defendant was unable to set off against the amount ordered to be paid any sum which … Continue reading Department for Works and Pensions v Richards; Regina v Richards (Michael): CACD 3 Mar 2005
Judges: Keith J Citations:  EWHC 2414 (Admin) Links: Bailii Statutes: Social Security Administration Act 1992 112(1) Jurisdiction: England and Wales Benefits, Crime Updated: 10 June 2022; Ref: scu.219221
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 … Continue reading Hinchy v Secretary of State for Work and Pensions: CA 20 Feb 2003
Retirement Pensions – section 1 Social Security Administration Act 1992 – whether claim needed for Category B state retirement pension by married woman – regulation 3(1)(cb) of the Social Security (Claims and Payments) Regulations 1987 as amended in 2008 – CP/345/2011 and CSP/5/2013 considered – meaning of phrase ‘the spouse or civil partner of the … Continue reading GM v Secretary of State for Work and Pensions (RP): UTAA 23 Mar 2022
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. Citations: Times 08-Jan-1999, Gazette 27-Jan-1999 Statutes: Social Security (Recovery of Benefits) Act 1997, Social Security … Continue reading Wadey v Surrey County Council: CA 8 Jan 1999
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 Citations: Times 27-Jul-1998 Statutes: Social Security Administration Act 1992 30; Social Security (Persons from Abroad) Miscellaneuos Amendments Regulations 1996/30 Benefits Updated: … Continue reading Regina v Adjudication Officer Ex Parte B: QBD 27 Jul 1998
Appeal from confiscation order after conviction for benefit fraud. Citations:  EWCA Crim 57 Links: Bailii Statutes: Social Security Administration Act 1992 112 Jurisdiction: England and Wales Criminal Sentencing Updated: 09 February 2022; Ref: scu.579620
PAYE – Personal Liability Notice – s 121 Social Security Administration Act 1992 – Appeal Dismissed  UKFTT 358 (TC) Bailii England and Wales Income Tax Updated: 28 December 2021; Ref: scu.654114
The prosecutor appealed against dismissal of a charge against the defendant of allowing another to fail to give prompt notification of a change of circumstances. The recorder had rules that ‘allow’ required some positive act from the defendant. Held: The appeal failed. The offence required the defendant to have had some active involvement in the … Continue reading Tilley, Regina v: CACD 20 Jul 2009
Laws LJ, Foskett J  EWHC 899 (Admin) Bailii Social Security Administration Act 1992 112 England and Wales Crime, Benefits Updated: 11 December 2021; Ref: scu.523385
The applicant had been dependent upon income support, and had then come to receive Disability Living Allowance (DLA). She therefore received additional income support, but the office did not adjust that benefit down when her DLA stopped. The respondent sought repayment of the overpayment. The claimant said she had not understood the instructions. Held: The … Continue reading Hinchy v Secretary of State for Work and Pensions: HL 3 Mar 2005
FTTTx NATIONAL INSURANCE CONTRIBUTIONS – section 121C Social Security Administration Act 1992 – personal liability notice – liability of director for company’s contributions – fraud or neglect on the part of a director – appeal dismissed Nicholas Aleksander  UKFTT 428 (TC) Bailii England and Wales Taxes – Other Updated: 11 November 2021; Ref: scu.462819
The appellant sought to recover overpayments of benefits and Social Fund Loans, after the respondent had had a Debt relief order. Held: The Secretary of State’s appeal failed. The ‘net entitlement principle’ argued for did not exist. The entitlement is a statutory one, and any liability to repay is separate and independent, being only a … Continue reading Secretary of State for Work and Pensions v Payne and Another: SC 14 Dec 2011
Appeal from conviction of making a false representation to obtain benefits. . .
Claimant’s inability to comprehend no bar to claim for repayment of overpayment. . .
Failure to report facts not known to claimant cannot be misrepresentation. . .
‘Do the provisions of paragraphs 7(1) and 7(2) of Schedule 3 to the Police (Injury Benefit) Regulations 2006 entitle a Chief Constable to deduct the full sums of Incapacity Benefit (IB) and Industrial Injuries Disablement Benefit (IIDB) from the . .
The claimant sought judicial review of the respondent’s decision that he was liable, after his discharge from bankruptcy, to suffer deductions from his benefits of sums to repay an overpayment of benefit incurred before his bankruptcy.
Held: . .
The appellant was accused of having received income benefits to which he was not entitled. A prosecution was commenced and at the same time he appealed to the tribunal against the decision that there had been an overpayment. The authorities . .
The applicant challenged the validity of regulations made by the respondent.
Held: The procedure under the Act envisaged that new regulations would be commented upon by the Social Security Advisory Committee. The Committee could allow a . .
The appellant challenged stays of proceedings by the respondent magistrates court for abuse of process infringing the defendants’ human right to a fair trial. The magistrates had fund that being faced with dismissal of a summary case through delay, . .
Where damages reduced by benefits clawback, special damages claim for lost non-recoupable benefits payable are recoverable. . .
Loss of unrecoupable benefits was a proper subject of claim as special damages. . .
P was claiming housing and council tax benefit. He had been convicted of dishonestly failing to give prompt notification of ‘a change of circumstances affecting any entitlement of his to any benefit or other payment or advantage under the relevant . .
Costs payable to the plaintiff after an award which was greater than the payment in even though it might be less than the sum of benefits which might be recouped. . .
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 . .
Court of Appeal has no jurisdiction to hear appeal from Social Security Appeal Tribunal’s refusal of leave to appeal. . .
Claimant with existing award of industrial injuries disablement benefit (IIDB) for other Prescribed Diseases made new application to reinstate award for Prescribed Disease D5 dermatitis – decision-based system of social security decision-making – . .
The appellant had – in a fictitious identity that was not that of another, real, person – claimed and been granted asylum, indefinite leave to remain and British citizenship. The Secretary of State for Work and Pensions accepted that the appellant . .
The complainant requested peer review documents carried out by the Department for Work and Pensions (the DWP) following the death of a benefit claimant. The DWP refused the request under section 44 of the Freedom of Information Act 2000 (the Act) as . .
The FDA and other trades unions challenged the use by the respondent of the Consumer Price Index rather than the Retail Prices Index for use in the uprating of civil service pensions.
Held: The respondent was so entitled. In ordinary language, . .
The court was asked as to the lawfulness of the Secretary of State making deductions from ongoing social security benefit to recover the overpayment of incapacity benefit and the repayment of a social fund budgeting loan during the moratorium period . .
The defendant had been receiving housing and council tax benefit. He appealed his conviction for having failed to notify the authority of his change in circumstances, saying that the change would not have altered his entitlement. The interpretation . .
Inherent High Court power may restrain Publicity The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to be applied to avoid … Continue reading In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004
The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to be disclosed during the hearing, but the court had had no power … Continue reading Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979
The claimants were dependants of Iraqi nationals killed in Iraq. Held: The Military Police were operating when Britain was an occupying power. The question in each case was whether the Human Rights Act applied to the acts of the defendant. The question amounted to whether the officers acted under State Agent Authority within the convention … Continue reading Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence: CA 21 Dec 2005
The claimant was a mental patient under compulsory detention, and complained that he had been subjected to periods of seclusion. Held: The appeal succeeded. The hospital had failed to follow the appropriate Code of Practice. The Code was not obligatory, but following it would generally ensure that a patient’s rights were not infringed. It recognised … Continue reading Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003
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: … Continue reading Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003
The claimants sought a declaration that part of the Regulations were invalid, and an infringement of their human rights. The Regulations sought to exempt church schools from an obligation not to discriminate against homosexual teachers. Held: The Regulation was within the scope of the Directive. Though a member state had some freedom in implementing a … Continue reading Regina (Amicus etc) v Secretary of State for Trade and Industry: Admn 26 Apr 2004
Appeal from refusal of entitlement to Employment and Support Allowance Judges: Sir John Gillen, Sir Reginald Weir and Colton J Citations:  NICA 29 Links: Bailii Statutes: Social Security Administration (Northern Ireland) Act 1992 Jurisdiction: Northern Ireland Benefits Updated: 28 May 2022; Ref: scu.625564
The appellants resisted disclosure to the revenue of advice it had received. It claimed legal advice privilege (LAP), though the advice was from its accountants. Held: (Lords Sumption and Clarke dissenting) LAP applies to all communications passing between a client and its lawyers, acting in their professional capacity, in connection with the provision of legal … Continue reading Prudential Plc and Another, Regina (on The Application of) v Special Commissioner of Income Tax and Another: SC 23 Jan 2013
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
The appellant had applied for and been refused disability living allowance on the basis of being able to carry out certain cooking tasks. Held: The purpose of the ‘cooking test’ is not to ascertain whether the applicant can survive, or enjoy a reasonable diet, without assistance. It is a notional test, a thought-experiment, to calibrate … Continue reading Moyna v Secretary of State for Work and Pensions: HL 31 Jul 2003
ECHR Grand Chamber – Article 1 Jurisdiction of states Jurisdiction of Armenia as regards Nagorno-Karabakh and the adjacent occupied territories Article 8 Article 8-1 Respect for family life Respect for home Respect for private life Denial of access to homes to Azerbaijani citizens displaced in the context of the Nagorno-Karabakh conflict: violation Article 13 Effective … Continue reading Chiragov And Others v Armenia: ECHR 16 Jun 2015
The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act. Held: ‘SPUC’s case is that any interference with a fertilised egg, if it leads to the loss of the egg, involves the … Continue reading Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 2002
The applicant contended that the 1991 Act infringed her human rights in denying her access to court to obtain maintenance for her children. Held: The applicant had no substantive right to take part in the enforcement process in domestic law which is capable in Convention law of engaging the guarantees in it. ‘Sympathetic though one … Continue reading Kehoe, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 14 Jul 2005
Remission of Sentence is a Privilege not a Right The plaintiffs had begun their action, to challenge their loss of remission as prisoners, by means of a writ, rather than by an action for judicial review, and so had sidestepped the requirement for the action to be brought within strict time limits. Held: The forfeiture … Continue reading O’Reilly v Mackman: HL 1982
Child’s Wish for post-mortem cryonic Preservation JS, a child of 14, anticipating her death from cancer expressed the desire that her body should receive cryonic preservation in the hope that one day a treatment might be available to allow her to be revived, and proceedings were issued. Her parents were divorced, and they differed as … Continue reading Re JS (Disposal of Body): FD 10 Nov 2016
A woman, X, had made an allegation in confidence she had been sexually assaulted as a child. The court was asked whether that confidence could be overriden to allow an investigation to protect if necessary a child still living with the man. Evidence suggested that a disclosure of her complaint may cause X further damage. … Continue reading In re A (A Child): SC 12 Dec 2012
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
The court was asked whether the supervisory jurisdiction of the High Court, exercisable by way of judicial review, extends to such decisions of the Special Immigration Appeals Commission (SIAC) and the Upper Tribunal (UT) as are not amenable to any . .
The minister appealed against an order dismissing an application for a confiscation order as an abuse of process. The defendant had earlier had been told that no application would be made. . .