Archive for the 'social security' Category

Patmalniece v Secretary of State for Work and Pensions (AIRE Centre intervening) – WLR Daily

Patmalniece v Secretary of State for Work and Pensions (AIRE Centre intervening) [2011] UKSC 11; [2011] WLR (D) 91

“The conditions for entitlement to state pension credit, which included a requirement that a claimant had a right to reside in the United Kingdom or the Republic of Ireland, constituted indirect discrimination against nationals of other European Union member states which was, however, justified by the legitimate aim of protecting the resources of the United Kingdom against benefit or social tourism by those who were not economically or socially integrated with the country.”

WLR Daily, 16th March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Casteels v British Airways plc – WLR Daily

“Article 48FEU of the FEU Treaty, concerning the adoption of measures in the field of social security, could not be relied on by an individual against his private sector employer in a dispute before a national court. In the context of the mandatory application of a collective labour agreement, article 45FEU of the FEU Treaty precluded the non-inclusion of years of service completed by a worker for the same employer in different member states in the calculation of the period for the acquisition of definitive entitlements to supplementary pension benefits.”
WLR Daily, 11th March 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Tilley – Times Law Reports

Regina v Tilley

Court of Appeal (Criminal Division)

“If a third party knew of a change that affected the benefit of a person claiming income support, he would be guilty of an offence only if he dishonestly allowed the beneficiary to fail to report the change provided that he had been active in some way in the failure.”

The Times, 5th August 2009

Source: www.timesonline.co.uk

R v Tilley – WLR Daily

R v Tilley [2009] EWCA Crim 1426; [2009] WLR (D) 249

“Where a third party knew of a change that affected the benefit of a person claiming income support, he would be guilty of an offence if he dishonestly allowed the beneficiary to fail to report the change, but to commit the offence the third party had to have been active in some way in the failure.”

WLR Daily, 21st July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Foster parents not warned of teen sex offender who raped their son – The Times

“Social workers failed to warn foster parents about sexual offences committed by a teenager placed in their care who went on to rape their two-year-old son and abuse their nine-year-old daughter.”

Full story 

The Times, 3rd March 2009

Source: www.timesonline.co.uk

Kaczmarek v Secretary of State for Work and Pensions – Times Law Reports

Kaczmarek v Secretary of State for Work and Pensions

Court of Appeal

“A citizen of a European Union member state who had no right to live in the United Kingdom under domestic or European law, even though she was lawfully present, was not eligible for income support.”

The Times, 4th December 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Kaczmarek v Secretary of State for Work and Pensions – WLR Daily

Kaczmarek v Secretary of State for Work and Pensions [2008] EWCA Civ 1310; [2008] WL (D) 372

An EU national who was lawfully present in the United Kingdom but had no right to reside under domestic or European law was not eligible for income support.”

WLR Daily, 27th November 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.



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