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 Jun 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.

    The 1992 and 1999 Acts expressly require the Secretary of State to pay benefits to widows in accordance with their terms. If he retains a common law power to make payments to widowers, we cannot see how a decision not to exercise that power can be said to be necessary in order to give effect to the provisions, express or implied, of either Act. The decision of Moses J on this point was in error.

  • R (Wilkinson) v Commissioners of Inland Revenue
    • Court of Appeal (Civil Division)
    • 18 Jun 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.

  • R (on the applications of Hooper, Withey, Naylor and Martin) v Secretary of State for Work and Pensions
    • Queen's Bench Division (Administrative Court)
    • 14 Feb 2002

    I do not accept Mr. Goudie QC's submission that Parliamentary sovereignty has already been taken into account in the consideration of the earlier arguments. The claimants' submissions as to S.6 come, to my mind, perilously close to a submission that the court should impose a duty to grant benefits where Parliament has chosen not to do so. The defendant gives effect to the primary legislation by declining to recognise that duty.

  • Walls Meat Company Ltd v Khan
    • Court of Appeal (Civil Division)
    • 24 Oct 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.

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Books & Journal Articles
  • A Critical Assessment of the Case for Reform of National Insurance Contributions for the UK's Self-Employed
    • Núm. IV-I, Enero 2017
    • Dundee Student Law Review
    • Iain Mathieson
    • Student at the University of Dundee (4th Year LLB Scots Law with French).
    • 1-8
    ...... flat-rate contribution to entitle certain social security benefits. In 1961, NICs became a compulsory system of earnings-related ...This change is seen as a significant erosion of the contributory principle and has faced criticism for having caused NICs to operate more ......
    • Núm. 38-1, Enero 1975
    • The Modern Law Review
    ......, maintenance, social security and other State benefits, employment, housing, child care, education, birth control and ... major recommendation, the introduction of a new non-contributory benefit for lone parents (the guaranteed maintenance ......
    • Núm. 55-1, Febrero 1993
    • Oxford Bulletin of Economics and Statistics
    ......UB, first established in 1948, is a national insurance, contributory benefit. To qualify, a worker must have made national insurance contributions above a minimum level prior to the unemployment spell. UB is not ......
    • Núm. 12-3, Julio 1949
    • The Modern Law Review
    ......- mining the manner in which National Insurance benefits are to affect the measure of damages for personal injuries. ... against carelessness, such as the defence of contributory negligence and the risk of civil and criminal proceedings. ......
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Law Firm Commentaries
  • Budget 2016: Issues For Employers
    • Mondaq UK
    ...... The government is considering limiting the range of benefits that allow employees to take advantage of salary sacrifice because of its ... continue to build entitlement to the State Pension and other contributory benefits, following the abolition of Class 2 NICs. The government will set ......
  • Deloitte Preview Of Summer Budget 2015
    • Mondaq UK
    ...... has been linked to the higher rate threshold –so some of the benefits will be clawed back in the form of extra NI contributions. The ... 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 by ......
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