Contributory Benefit in UK Law

Leading Cases
  • R (on the applications of Hooper, Withey, Naylor and Martin) v Secretary of State for Work and Pensions
    • Court of Appeal (Civil Division)
    • 18 June 2003

    Despite Mr Cox's submissions, we consider that in answering this question a very considerable margin of discretion must be accorded to the Secretary of State. Difficult questions of economic and social policy were involved, the resolution of which fell within the province of the executive and the legislature rather than the courts. No statistical formula or calculation could provide a precise answer to this question.

  • Riley v Chief Adjudication Officer (Note)
    • Court of Appeal (Civil Division)
    • 25 July 1985

    Another test (which is a more developed variant of the one year before test and which I will call "the 50% test") was thus explained by the Commissioner in Decision R (U) 14/59, when he said that where "during the year ending with the day in question (or such other period as may provide a more suitable test in a particular case) a claimant has worked on less than 50 per cent of the days of the week in question (excluding any day of incapacity for work or holiday and days On which he was unemployed because his employment had been terminated) that day should be held to be one on which in the normal course the claimant would not work.

  • R (Wilkinson) v Commissioners of Inland Revenue
    • Court of Appeal (Civil Division)
    • 18 June 2003

    We are no more able to accept this reasoning than we were the similar reasoning in Hooper. It seems to us that section 6(2)(b) addresses the grant by Parliament of a statutory power which, regardless of the circumstances in which it is exercised, will inevitably be incompatible with Convention rights. In such circumstances the power cannot be given effect to in a way which is compatible with the Convention, and thus s.6(2)(b) enables the exercise of the power without breach of section 6(1).

    We appreciate the argument that if a failure to exercise a statutory power will inevitably involve a breach of Convention rights, Section 6(2)(b) is engaged, because implicit in the statutory power is the right to refrain from exercising the power. We make no comment as to whether that argument is sound or unsound. We simply observe that it has no application to the facts of this case.

  • Walls Meat Company Ltd v Khan
    • Court of Appeal (Civil Division)
    • 24 October 1978

    The performance of an act, in this case the presentation of a complaint, is not reasonably practicable if there is some impediment which reasonably prevents, or interferes with, or inhibits, such performance.

  • R (on the applications of Hooper, Withey, Naylor and Martin) v Secretary of State for Work and Pensions
    • House of Lords
    • 05 May 2005

    I can quite understand that if one has a form of discrimination which was historically justified but, with changes in society, has gradually lost its justification, a period of consultation, drafting and debate must be included in the time which the legislature may reasonably consider appropriate for making a change. Up to the point at which that time is exceeded, there is no violation of a Convention right.

  • An application by Siobhan McLaughlin for Judicial Review (Northern Ireland)
    • Supreme Court
    • 30 August 2018

    The allowance exists because of the responsibilities of the deceased and the survivor towards their children. Those responsibilities are the same whether or not they are married to or in a civil partnership with one another. The purpose of the allowance is to diminish the financial loss caused to families with children by the death of a parent. That loss is the same whether or not the parents are married to or in a civil partnership with one another.

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Legislation
  • Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001
    • UK Non-devolved
    • January 01, 2001
    ... ... Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No.2) Regulations 2010 (S.I ... Treatment for the purpose of any contributory benefit of late paid contributions ... (1) Subject to the provisions of ... ...
  • The Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012
    • UK Non-devolved
    • January 01, 2012
    ... ... benefit Acts” means the SSCBA, the Jobseekers Act 1995 7 , the State Pension ... “contributory employment and support allowance” means a contributory allowance under ... ...
  • The Employment and Support Allowance (Consequential Provisions) Regulations 2008
    • UK Non-devolved
    • January 01, 2008
    ... ... PART 2: Common provisions ... Amendment of the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 ... of “the Consequential Provisions Regulations” insert—“contributory employment and support allowance” means a contributory allowance under ... ...
  • Pensions Act 2014
    • UK Non-devolved
    • January 01, 2014
    ... ... Introduction ... 1: State pension ... (1) This Part creates a benefit called state pension ... (2) A person who reaches pensionable age before ... 2015/2058, art. 2(a) ... (3) In section 1 (outline of contributory system) , in subsection (1) (a) , after “this Act” insert “ or any ... ...
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Books & Journal Articles
  • Under Pressure? – Swedish Residence-Based Social Security and EU Citizenship
    • No. 18-2, June 2016
    • European Journal of Social Security
    • 0000
    This article analyses the impact of free movement of persons on Swedish residence-based social security in the areas of old-age pensions, health care and social assistance. Since becoming a member ...
    ... ... To follow up the consequences of this, a special non- contributory bene t had to be introduced to prevent an in ow o f a ppl ica nt s in to ... ...
  • Worlds of welfare collide
    • No. 19-1, March 2017
    • European Journal of Social Security
    • 0000
    The post-2007 financial crisis has brought renewed interest in a European Unemployment Benefit Scheme (EUBS) as a manifestation of solidarity between citizens of different Member States and an econ...
    ... ... The EU-wide benefit would operatein tandem with existing national unemployment benefits. This ... cash benefits34and further eroding the role of the contributory principle in out-of-workbenefits;35although the role of contributions in ... ...
  • REPORTS
    • No. 4-4, October 1984
    • Public Administration and Development
    ... ... stand- ardization of conditions of service, a uniform contributory medical benefit scheme, a contributory pension fund, and the ... ...
  • A Critical Assessment of the Case for Reform of National Insurance Contributions for the UK's Self-Employed
    • No. IV-I, January 2017
    • Dundee Student Law Review
    • Iain Mathieson
    • Student at the University of Dundee (4th Year LLB Scots Law with French).
    • 1-8
    ... ... This change is seen as a significant erosion of the contributory principle and has faced criticism for having caused NICs to operate more ... alignment of the rates applied between the Classes,26and equal benefit entitlement for both employed and self-employed individuals, the inequity ... ...
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Law Firm Commentaries
  • Budget 2016: Issues For Employers
    • Mondaq UK
    ... ... continue to build entitlement to the State Pension and other contributory benefits, following the abolition of Class 2 NICs. The government will set out its plans for the contributory benefit tests in its response to the recent consultation on this reform ... ...
  • Deloitte Preview Of Summer Budget 2015
    • Mondaq UK
    ... ... next Parliament and will reform Class 4 to introduce a new contributory benefit test. The Government will consult on the detail and timing of ... ...
  • Professional Indemnity: Architects
    • Mondaq United Kingdom
    ... ... , a better approach was to treat the failure to inspect as contributory negligence ... The benefit of the Baxall patent defect defence should be ... ...
  • Budget 2015: Our Full Analysis
    • Mondaq UK
    ... ... The benefit of this increase will be passed on to higher rate taxpayers with an ... abolish class 2 NIC and reform class 4 NIC to introduce a new contributory benefit test ... Class 2 and class 4 NICs are the contributions payable ... ...
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