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.


National Insurance Contributions Act

National Insurance Contributions Act published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Gordon Brown approves benefits halt unless unemployed seek work – The Times

“Radical changes to the welfare state, requiring claimants to look for work in order to continue receiving benefit, will be announced by the Government on Monday.”

Full story

The Times, 18th July 2008

Source: www.timesonline.co.uk

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

Casewell v Secretary of State for Work and Pensions

Court of Appeal

“The payment of an allowance to a disabled wife to pay for carer service was part of the husband’s income for assessing his income support if he was that carer.”

The Times, 26th March 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.

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

Casewell v Secretary of State for Work and Pensions; [2008] WLR (D) 86

A direct payment of carer’s allowance made to a disabled person for securing the provision of care by her husband formed part of the husband’s earnings for the purposes of assessing his entitlement to income support.”

WLR Daily, 12th March 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.

Secretary of State for Work and Pensions v. Morina; Same v. Borrowdale – Times Law Reports

Court can hear appeal on jurisdiction point

Secretary of State for Work and Pensions v. Morina; Same v Borrowdale

Court of Appeal

“The Court of Appeal could determine an appeal by the Secretary of State for Work and Pensions on the Social Security Commissioner’s jurisdiction to hear an appeal from a legally qualified panel member of the Social Security Appeal Tribunal where the commissioner had accepted jurisdiction but had dismissed the appeal on the merits.”

The Times, 24th August 2007

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.

Early-release prisoner ‘given IOU for benefits’ – The Guardian

“A prisoner released early from jail with no money was handed an IOU for £140 but no information about where it could be redeemed, it was claimed today.”

Full story

The Guardian, 20th August 2007

Source: www.guardian.co.uk

Secretary of State for Work and Pensions v. Morina – WLR Daily

Secretary of State for Work and Pensions v. Morina [2007] EWCA Civ 749 

“The Court of Appeal had jurisdiction under s 15 of the Social Security Act 1998 to hear an appeal by the Secretary of State challenging the jurisdiction of the social security commissioner to determine an appeal from a legally qualified panel member (‘LQPM’) of the social security appeal tribunal where the commissioner had accepted jurisdiction but dismissed the appeal on the merits. However, the commissioner had no jurisdiction under s 14(1) of the Act to determine appeals from an LQPM on decisions from which the Act gave no right of appeal. The claimants’ remedy was to seek judicial review.”

WLR Daily, 23rd July 2007

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.

Benefits system “too complicated” – BBC News

“The benefits system is too complicated and there are too many incentives for claimants to stay on benefits long term, a think-tank has said.”

Full story 

BBC News, 11th July 2007

Source: www.bbc.co.uk

Abdirahman v. Secretary of State for Work and Pensions – WLR Daily

Abdirahman v Secretary of State for Work and Pensions: Abdirahman v Leicester City Council and another: Ullusow v Secretary of State for Work and Pensions

When considering applications made by EU and EEA nationals living in the United Kingdom for social security benefits who were neither economically active nor self-sufficient, lawful presence in the United Kingdom was not to be equated with a right to reside within the meaning of reg 21(3G) of the Income Support (General) Regulations 1987 for the purposes of entitlement to social security benefits.”

WLR Daily, 6th July 2007

Source: www.lawreports.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.

R (RJM) v. Secretary of State for Work and Pensions – WLR Daily

R (RJM) v. Secretary of State for Work and Pensions [2007] EWCA Civ 614 

“Social security regulations, which disentitled a person without accommodation from receiving disability premium, did not discriminate against homeless persons on a ground relating to status for the purpose of art 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 28th June 2007

Source: www.lawreports.co.uk

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

Regina v. Passmore – Times Law Reports

Notification was note required

Regina v. Passmore

Court of Appeal (Criminal Division)

“A person in receipt of housing or council tax benefit was not obliged to disclose a change in his circumstances to the prescribed benefits officer if that change did not affect any entitlement to his benefit under the social security legislation.”

The Times, 28th June 2007

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. 

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

Fact sheet not unambiguous

Hooper v Secretary of State for Work and Pensions

Court of Appeal

“A government fact sheet was not clear and unambiguous enough so that overpayments of incapacity benefit were not recoverable from a person receiving the benefit who took up part-time paid employment without notifying the Secretary of State for Work and Pensions in breach of statute.”

The Times, 27th June 2007

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.

Digital Switchover (Disclosure of Information) Act 2007

Digital Switchover (Disclosure of Information) Act 2007 published.

Full text of Act (PDF)

Source: www.opsi.gov.uk

R v. Passmore – WLR Daily

R v. Passmore

“If a change in a person’s circumstances did not affect any entitlement of his to any benefit under the social security legislation there was no obligation to disclose that change to the prescribed person.”

WLR Daily, 18th June 2007

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.

Welfare Reform Act 2007

Welfare Reform Act 2007 published

Full text of Act

Source: www.opsi.gov.uk


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