Secretary of State for Social Security v Fairey: CA 22 Jun 1995

A deaf person can be entitled to disability living allowance for the care needed in order to live a reasonable life.

Citations:

Independent 27-Jun-1995, Times 22-Jun-1995

Jurisdiction:

England and Wales

Citing:

Appealed toCockburn v Chief Adjudication Officer and Another and Secretary of State for Social Services v Fairey HL 21-May-1997
The provision of an interpreter for a deaf person was included in range of care needed for attendance for Disability Living Allowance. Dealing with his soiled laundry was not so included: ‘In my opinion it is not enough to ask whether the act in . .

Cited by:

Appeal fromCockburn v Chief Adjudication Officer and Another and Secretary of State for Social Services v Fairey HL 21-May-1997
The provision of an interpreter for a deaf person was included in range of care needed for attendance for Disability Living Allowance. Dealing with his soiled laundry was not so included: ‘In my opinion it is not enough to ask whether the act in . .
Lists of cited by and citing cases may be incomplete.

Benefits

Updated: 21 January 2023; Ref: scu.89092

Kaur v Chief Adjudication Officer: CA 5 Jul 1995

A disapplication of the restriction on claiming housing benefit must be for an event which takes place after the claim. Wife not entitled to more mortgage support benefit than had been paid as housing benefit.

Citations:

Independent 13-Jul-1995, Times 05-Jul-1995

Statutes:

Income Support (General) Regulations 1987 10-1

Jurisdiction:

England and Wales

Benefits

Updated: 21 January 2023; Ref: scu.82683

AF v Nottinghamshire NHS Trust: UTAA 27 Apr 2015

Tribunal Procedure and Practice (Including UT) – lawfulness of a ‘social circumstances report’ being prepared by a member of the nursing staff at the hospital where the appellant was detained (a nurse who had also compiled the in-patient nursing report) as opposed to it being prepared by a social worker.

Citations:

[2015] UKUT 216 (AAC)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 30 November 2022; Ref: scu.547616

United Kingdom of Great Britain and Northern Ireland v Council of The European Union C-431/11: ECJ 21 Mar 2013

ECJ (opinion) External relations – Coordination of social security systems – Envisaged agreement on the amendment of Annex VI (Social Security) and Protocol 37 to the EEA Agreement – Extension of the system under Regulation (EC) No 883/2004 to the European Economic Area – Council Decision 2011/407/EU on the position to be taken by the European Union within the EEA Joint Committee – Choice of the correct substantive legal basis – Article 48 TFEU, Article 79(2)(b) TFEU or Article 217 TFEU

Judges:

Kokott AG

Citations:

[2011] EUECJ C-431/11

Links:

Bailii

Jurisdiction:

European

Cited by:

OpinionUnited Kingdom of Great Britain and Northern Ireland v Council of The European Union C-431/11 ECJ 21-Mar-2013
Coordination of social security systems – EEA Agreement – Proposal for an amendment – Council decision – Choice of legal basis – Article 48 TFEU – Article 79(2)(b) TFEU . .
Lists of cited by and citing cases may be incomplete.

Benefits

Updated: 14 November 2022; Ref: scu.471953

Regina v Secretary of State for the Home Department, Ex Parte Salem: HL 3 Mar 1999

The House of Lords has the power to hear a case where the parties have in effect settled and there remains no lis at issue, but the House will not hear such an academic case where no general issue of importance is at stake, or the facts are particular. There must be a good reason in the public interest for hearing such a case, and the House cited, as an example, a case: ‘where a discrete point of statutory construction arises which does not involve detailed consideration of facts and where a large number of similar cases exists or are anticipated so that the issue will most likely need to be resolved in the near future.’
Lord Slynn of Hadleigh said: ‘My Lords, I accept, as both counsel agree, that in a cause where there is an issue involving a public authority as to a question of public law, your Lordships have a discretion to hear the appeal, even if by the time the appeal reaches the House there is no longer a lis to be decided which will directly affect the rights and obligations of the parties inter se. The decisions in the Sun Life case and Ainsbury v Millington (and the reference to the latter in rule 42 of the Practice Directions applicable to Civil Appeals (January 1996) of your Lordships’ House) must be read accordingly as limited to disputes concerning private law rights between the parties to the case.’

Judges:

Lord Slynn of Hadley, Lord Mackay of Clashfern, Lord Jauncey of Tullichettle, Lord Steyn and Lord Clyde

Citations:

Gazette 03-Mar-1999, Times 12-Feb-1999, [1999] UKHL 8, [1999] 1 AC 450, [1999] 2 All ER 42, [1999] 2 WLR 483

Links:

House of Lords, Bailii, WLR

Jurisdiction:

England and Wales

Citing:

On appeal fromSalem v Secretary of State for Home Department CA 6-Mar-1998
The Secretary of State having decided against an application for asylum could direct non-payment of benefits although he would hear representations.
Held: Regulation 70(3A)(b)(i) defines a date by reference to the recording by the Secretary of . .
CitedAinsbury v Millington (Note) HL 1987
There had been a dispute between the parties as to a council house tenancy, but by the time it came before the House, the tenancy had ceased to exist, and the action was academic.
Held: Once the parties have settled their dispute there remains . .
CitedSun Life Assurance Co of Canada v Jervis HL 1944
The parties had disputed the terms of an insurance policy. The House considered whether it could hear the case once the dispute had been settled.
Held: There was no remaining dispute for the House to settle. Viscount Simon LC said: ‘My Lords, . .

Cited by:

CitedSalem v Secretary of State for Home Department CA 6-Mar-1998
The Secretary of State having decided against an application for asylum could direct non-payment of benefits although he would hear representations.
Held: Regulation 70(3A)(b)(i) defines a date by reference to the recording by the Secretary of . .
CitedCorner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry CA 1-Mar-2005
The applicant sought to bring an action to challenge new rules on approval of export credit guarantees. The company was non-profit and founded to support investigation of bribery. It had applied for a protected costs order to support the . .
CitedBowman v Fels (Bar Council and Others intervening) CA 8-Mar-2005
The parties had lived together in a house owned in the defendant’s name and in which she claimed an interest. The claimant’s solicitors notified NCIS that they thought the defendant had acted illegally in setting off against his VAT liability the . .
CitedRegina, (Ultraframe (UK) Ltd) v Central Arbitration Committee CA 22-Apr-2005
Two trade unions had sought recognition. Ballots had been held which almost secured recognition but fell a handful of votes short. The Unions criticised the way the ballots had been conducted, saying that a number of employees had not received . .
CitedHarb v King Fahd Bin Abdul Aziz and Another CA 9-Nov-2005
The wife sought to continue her claim for ancillary relief despite the death of her husband, the former King of Saudi Arabia.
Held: The court’s jurisdiction over the King had been challenged. However the claimants claim now abated on the death . .
CitedRolls-Royce plc v Unite the Union CA 14-May-2009
The parties disputed whether the inclusion of length of service within a selection matrix for redundancy purposes would amount to unlawful age discrimination. The court was asked whether it was correct to make a declaratory judgment when the case . .
CitedAVS v A NHS Foundation Trust and Another CA 17-Jan-2011
The claimant contracted sporadic Creutzfeldt Jakob’s Disease disease. He executed a Lasting Power of Attorney in favour of his brother, expressing to him that he should do whatever was possible to protract his life. The brother now sought treatment . .
AppliedDolan and Others, Regina (on The Application of) v Secretary of State for Health and Social Care and Another CA 1-Dec-2020
Lockdown Measures not Ultra Vires the 1984 Act
The appellants, a businessman, and mother, appealed from refusal of leave to challenge regulations made in response to the Covid-19 pandemic on 26 March 2020 and since which introduced what was commonly known as a ‘lockdown’ in England. They . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Immigration, Benefits

Updated: 14 November 2022; Ref: scu.85536

Chief Adjudication Officer v Patterson; Same v Dickinson: CA 11 Jun 1997

Delay in disablement assessments is not a good cause for the extension of time for award of reduced earnings allowance.

Citations:

Times 10-Jul-1997, [1997] EWCA Civ 1830

Statutes:

Social Security (Claims and Payments) Regulations 1987/1968 R19(2)

Jurisdiction:

England and Wales

Citing:

Appeal fromChief Adjudication Officer v Dickinson Chief Adjudication Officer v Patterson SSCS 11-Jun-1997
. .
Lists of cited by and citing cases may be incomplete.

Benefits

Updated: 05 November 2022; Ref: scu.79044

Regina (on the Application of Anufrijeva) v Secretary of State for the Home Department and Another: Admn 25 Oct 2001

Judges:

Sir Christopher Bellamy QC

Citations:

[2001] EWHC Admin 895

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal fromAnufrijeva v Secretary of State for the Home Department CA 22-Mar-2002
Three asylum-seekers brought claims of breach of their Article 8 rights. One complained of a local authority’s failure to provide accommodation to meet special needs, the other two of maladministration and delay in the handling of their asylum . .
At First InstanceRegina v Secretary of State for the Home Department ex parte Anufrijeva HL 26-Jun-2003
The appellant challenged the withdrawal of her benefits payments. She had applied for asylum, and been granted reduced rate income support. A decision was made refusing her claim, but that decision was, by policy, not communicated to her for several . .
Lists of cited by and citing cases may be incomplete.

Immigration, Benefits

Updated: 04 November 2022; Ref: scu.167250

Spence v Revenue and Customs: FTTTx 23 Mar 2012

FTTTx Statutory sick pay – entitlement depending on ‘normal weekly earnings’ reaching NIC lower earnings limit – errors on one of two relevant payslips, supposedly corrected on the other – whether only the earnings actually paid during relevant period should be taken into account – not certain, but in present case yes – whilst in some cases the Tribunal might have power to substitute its view of the correct figure, this was not such a case – and even if it did so, ‘normal weekly earnings’ would still be below the NIC lower earnings limit – sections 151, 153 and 162(2) to (4) and Schedule XI Social Security Contributions and Benefits Act 1992 and regulations 17 and 19 of Statutory Sick Pay (General) Regulations 1982 considered – appeal dismissed

Citations:

[2012] UKFTT 213 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Benefits, Employment

Updated: 03 November 2022; Ref: scu.462641

Cockburn v Chief Adjudication Officer: CA 30 Jul 1996

The extra and frequent attention to laundry for the incontinence of a claimant does not of itself warrant the provision of Attendance Allowance.

Citations:

Times 30-Jul-1996

Statutes:

Social Security Contributions and Benefits Act 1992 64(2)(a)

Jurisdiction:

England and Wales

Cited by:

Appeal fromCockburn v Chief Adjudication Officer and Another and Secretary of State for Social Services v Fairey HL 21-May-1997
The provision of an interpreter for a deaf person was included in range of care needed for attendance for Disability Living Allowance. Dealing with his soiled laundry was not so included: ‘In my opinion it is not enough to ask whether the act in . .
Lists of cited by and citing cases may be incomplete.

Benefits

Updated: 31 October 2022; Ref: scu.79255

Longdon v British Coal Corporation: CA 9 Mar 1995

A pension paid on incapacity as an alternative to retirement was not deductible from damages payable later for negligence. There was no double recovery.

Citations:

Times 14-Apr-1995, Gazette 12-Apr-1995

Jurisdiction:

England and Wales

Employment, Personal Injury, Damages, Benefits

Updated: 27 October 2022; Ref: scu.83185

Bate v Chief Adjudication Officer and Another: CA 2 Dec 1994

A disabled adult living with her parents was still entitled to receive the severe disability premium.

Citations:

Times 12-Dec-1994, Independent 02-Dec-1994

Statutes:

Income Support (General) Regulations 1987

Jurisdiction:

England and Wales

Citing:

Appealed toBate v Chief Adjudication Officer HL 17-May-1996
Severe disability premium not available to adult claimant residing with parents. . .

Cited by:

Appeal fromBate v Chief Adjudication Officer HL 17-May-1996
Severe disability premium not available to adult claimant residing with parents. . .
Lists of cited by and citing cases may be incomplete.

Benefits

Updated: 27 October 2022; Ref: scu.78283

Regina v Chesterfield Borough Council Ex Parte Fullwood: CA 15 Jun 1993

A non-dependant joint occupier can be taken into account when a claimant applies for housing benefit, even though they were not themselves liable for the rent.

Citations:

Ind Summary 05-Jul-1993, Times 15-Jun-1993

Jurisdiction:

England and Wales

Benefits, Judicial Review

Updated: 26 October 2022; Ref: scu.86347

Regina (on the Application of the Personal Representatives of Christopher Beeson) v Dorset County Council and Another: QBD 30 Nov 2001

The Council had provided financial assistance for the care of the claimant’s father before his death in a residential home. Those costs were in part recoverable as a civil debt. His father had given him the house by deed of gift. The regulations provided that the father was to be treated as still possessing property of which he had denuded himself to avoid payment of the charges The local authority sought an equitable charge over the property. The council had misapplied the subjective test, of whether the father had actually known sufficient of the scheme, and the need to test the actual purpose of the gift in the father’s mind. The son said the procedure lacked independence because of the potential conflict of interest and lack of independence of those making the decisions. The statutory scheme is a measure of welfare assistance, but not every part need be, and may not be covered by the Convention. The availability of judicial review was inadequate to correct that defect. There was a breach of the claimant’s article 6 rights, but not under article 14.

Judges:

Mr Justice Richards

Citations:

Times 21-Dec-2001, [2001] EWHC Admin 986

Links:

Bailii

Statutes:

National Assistance Act 1948 21, National Assistance (Assessment of Resources) Regulations 1992 (1992 No 2977)

Jurisdiction:

England and Wales

Citing:

AppliedYule v South Lanarkshire Council for Judicial Review of A Decision of South Lanarkshire Council SCS 15-Aug-2000
. .
CitedRegina on the Application of Kathro and Others and Llantwit Fardre Community Council v Rhondda Cynon Taff County Borough Council Admn 6-Jul-2001
Local residents sought to challenge the proposed determination of a planning application which involved a private finance initiative. One of the grounds was that the use of a negotiated tendering procedure for the purposes of the PFI was contrary to . .
Appealed toThe Secretary of State for Health, Dorset County Council v The Personal Representative of Christopher Beeson CA 18-Dec-2002
The deceased had been adjudged by his local authority to have deprived himself of his house under the Regulations. Complaint was made that the procedure did not allow an appeal and therefore deprived him of his rights under article 6.
Held: . .

Cited by:

Appeal fromThe Secretary of State for Health, Dorset County Council v The Personal Representative of Christopher Beeson CA 18-Dec-2002
The deceased had been adjudged by his local authority to have deprived himself of his house under the Regulations. Complaint was made that the procedure did not allow an appeal and therefore deprived him of his rights under article 6.
Held: . .
Lists of cited by and citing cases may be incomplete.

Land, Benefits

Updated: 01 October 2022; Ref: scu.166918

Regina (Painter) v Carmarthenshire County Council Housing Benefit Review Board; Regina (Murphy) v Westminster City Council and Others: QBD 16 May 2001

In each case a lodger had formed a relationship with his landlady, and had had moved to take up occupation with her, but after the relationship came to an end reverted to his status as lodger, and moved back to his for accommodation within the house. The rules provide that Housing Benefit is not payable where the applicant would be paying his rent to a former partner and the claim related to part of property he had formerly occupied whilst living in that relationship with that partner. The regulations were clear and effective to prevent the claims for housing benefit in this situation.

Citations:

Times 16-May-2001

Statutes:

Housing Benefit (General) Regulations 1987 No 1971 7(1) (c) (I)

Jurisdiction:

England and Wales

Benefits, Housing

Updated: 13 September 2022; Ref: scu.85998

Commission v Marcuccio: ECFI 8 Jun 2011

ECFI (Staff Regulations)Appeal – Public service – Officials – Invalidity pension – Appeal said partially formed in the first instance for lack of reasoning in the contested decision – Article 78 of the Staff – Early retirement due to disability – Disability Commission.

Citations:

T-20/09, [2011] EUECJ T-20/09

Links:

Bailii

Jurisdiction:

European

Benefits

Updated: 13 September 2022; Ref: scu.440745