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24 Jul 2008, 8:41 am
Spencer v Secretary of State for Work and Pensions; Moore v Secretary of State for Transport and Another Court of Appeal “A cause of action for damages against the government for failure to implement Community law resulting in failure to provide a remedy in a personal injury case accrued as soon as some measurable damage had been suffered The Court of Appeal so stated when dismissing the appeals of: (i) Derek Keith Spencer against the… [read post]
6 Jul 2007, 7:49 am
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"… [read post]
24 Aug 2007, 2:21 am
Court can hear appeal on jurisdiction point Secretary of State for Work and Pensions v. [read post]
15 Jul 2011, 2:54 am by tracey
St Prix v Secretary of State for Work and Pensions [2011] EWCA Civ 806;  [2011] WLR (D)  226 “A Union citizen who, when within the United Kingdom, ceased to work in circumstances other than those set out in paragraphs (a) to (d) of article 7(3) of the Citizenship Directive was not a ‘worker’ entitled to the relevant ‘right of residence’ for the purposes of article 7(1)(a) of the Directive; and pregnancy had… [read post]
24 Jun 2010, 1:55 am by traceydennis
Timbrell v Secretary of State for Work and Pensions [2010] EWCA Civ 701; [2010] WLR (D) 155 The Gender Recognition Act 2004 did not have retrospective effect, and since the United Kingdom had failed to implement the relevant Community law Directive within the time permitted so far as concerned acquired gender and rights to pensions, an individual could invoke the Directive as its provisions were unconditional and precise. [read post]
18 Dec 2009, 2:12 am by sally
Cotton v Secretary of State for Work and Pensions [2009] EWCA Civ 1330; [2009] WLR (D) 372 “Accrued holiday paid on the termination of employment constituted earnings of the same kind as ordinary pay so that an employee was treated as gainfully employed and not eligible for social security benefits in respect of earnings payable in the period starting with the first day of the benefit week in which they were paid and ending on the day before the next payment of… [read post]
17 May 2011, 2:05 am by sally
Bartlett and others v Secretary of State for Work and Pensions Case (C-537/09); [2011] WLR (D) 158 “The mobility component of disability living allowance constituted a special non-contributory benefit within the meaning of article 4(2a) of and Annex IIa to Council Regulation (EEC) No 1408/71 as amended by Council Regulation (EC) No 118/97 and Parliament and Council Regulation (EC) No 631/2005, and of Council Regulation (EEC) No 1408/71 as amended by Parliament and… [read post]
27 Jun 2007, 2:15 am
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. [read post]
12 Jan 2009, 2:15 am
It's a rarity for an an appeal against the making of a liability order to be successful, but that's what happened in Bird v Secretary of State for Work and Pensions & Anor [2008] EWHC 3159 (Admin).The Facts: The Child Support Agency made an assessment and informed the father that he was to pay it using Transcash. [read post]
14 Sep 2012, 2:36 am by tracey
Secretary of State for Work and Pensions v Czop and another: (Joined Cases C-147/11 and C-148/11);   [2012] WLR (D)  264 “Article 12 of Council Regulation (EEC) No 1612/68 on freedom of movement for workers within the Community conferred on the person who was the primary carer of a migrant worker’s or former migrant worker’s child who was attending educational courses in the host member state a right of residence in that… [read post]
5 Jan 2010, 1:53 am by sally
Pedro v Secretary of State for Work and Pensions Court of Appeal “In order to maintain the freedom of movement or EC workers, the Department of Work and Pensions was obliged to treat a dependent family member of an EU national, who retained his UK worker status, as living in Great Britain for the dependant’s eligibility for a United Kingdom pension credit. [read post]
8 Dec 2011, 8:07 am by tracey
Secretary of State for Work and Pensions v Elmi: [2011] EWCA Civ 1403;  [2011] WLR (D)  353 “A person from abroad who had ticked a form at a job centre to confirm she was seeking work and then applied for income support satisfied the requirement in article 7(3)(c) of the Citizens Direction that she was registered as a job seeker and was entitled to income support.” WLR Daily, 18th October 2011 Source: www.iclr.co.uk [read post]
26 Mar 2008, 3:35 am
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. [read post]
4 Dec 2008, 10:23 am
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. [read post]
21 Mar 2011, 6:11 am by sally
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… [read post]
23 Mar 2012, 3:43 am by tracey
Regina (FDA and others) v Secretary of State for Work and Pensions and another: [2012] EWCA Civ 332;  [2012] WLR (D)  95 “The Secretary of State for Work and Pensions was entitled to use the Consumer Price Index, rather than the Retail Price Index, as the measure of consumer price inflation for the purpose of annually uprating public service pensions under section 150 of the Social Security Administration Act 1992.”… [read post]