Secretary of State for Work and Pensions v Nelligan: CA 15 Apr 2003

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.
Kennedy, Scott Baker LJJ Blackburne J
Times 23-Apr-2003, [2003] EWCA Civ 555, Gazette 03-Jul-2003, [2004] 1 WLR 894
Social Security Administration Act 1992 1(1), Social Security Contribution and Benefits Act 1992 43(5)
England and Wales

Updated: 11 April 2021; Ref: scu.181037