Non Contributory Benefit in UK Law

Leading Cases
  • Cockburn v Chief Adjudication Officer
    • House of Lords
    • 21 Mayo 1997

    Here again I would stress that the attention which is desiderated in connection with the bodily function must be some close and intimate service to the person of the claimant. The personal nature of what is comprised in attention prompts the observation made by Dunn L.J. in the passage in his judgment in Packer [1981] 1 W.L.R. 1017, 1023F that the attention must be a service involving personal contact carried out in the presence of the disabled person.

  • R v National Insurance Commissioner.ex parte Secretary of State for Social Services
    • Court of Appeal (Civil Division)
    • 14 Abril 1981

    To my mind the word "functions" in its physiological or bodily sense connotes the normal actions of any organs or set of organs of the body, and so the attention must be in connection with such normal actions. The word "attention" itself indicates something more than personal service, something involving care, consideration and vigilance for the person being attended. The very word suggests a service of a close and intimate nature.

  • Re Woodling
    • House of Lords
    • 09 Febrero 1984

    Secondly, the phrase "bodily functions" is a restricted and precise one, narrower than, for example, "bodily needs". Thirdly, the phrase "attention … in connection with bodily functions", which must, I think, be read as a whole, connotes a high degree of physical intimacy between the person giving and the person receiving the attention. I would add that I fully agree with the observations of Dunn L.J. in Packer's case at page 1023 in the paragraph between letters E and G.

  • Insurance Officer v McCaffrey
    • House of Lords
    • 22 Noviembre 1984

    Accordingly, I read the subsection as having this effect: a claimant not only has to show the existence of an entitlement but has also to make a claim in the prescribed manner and within the prescribed time in order that he may be paid. This construction avoids introducing a restriction upon entitlement not to be found in section 36 and makes sense of section 79(1) as a provision dealing with the administration of benefit.

  • R v Secretary of State for Social Services, ex parte Connolly
    • Court of Appeal (Civil Division)
    • 19 Diciembre 1985

    In a case where a Commissioner has refused leave to appeal without giving reasons and an applicant seeks to challenge such refusal by way of judicial review, the onus must, in my judgment, lie on the applicant to show either (a) that the reasons which in fact caused the Commissioner to refuse leave were improper or insufficient, or (b) that there were no good grounds upon which such leave could have been refused in the proper exercise of the Commissioner's discretion.

  • Steven Sumpter v The Secretary of State for Work and Pensions
    • Queen's Bench Division (Administrative Court)
    • 22 Julio 2014

    In respect of this ground, Mr Westgate's submissions founder on the evidence. It is unfortunate that the terms of the 2012 proposals were not clearer. It is unfortunate that the 2013 Consultation did not take place prior to the adoption of the Moving around criteria in the 2013 Regulations. And the Secretary of State was entitled to come to the same view, having considered all of the options, the evidence and the consultation responses, with an open mind.

  • Mallinson (A.P.) v Secretary of State for Social Security
    • House of Lords
    • 21 Abril 1994

    I confess that initially I was attracted by this approach but on further consideration I am satisfied it is mistaken. The only attention which can be given to a person "in connection with" a sight handicap is to provide the assistance to enable that person to do what he could physically do for himself if he had sight. That I would regard as being the active personal assistance which constitutes the attention which a normal person does not require which the subsection demands.

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Legislation
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Books & Journal Articles
  • Under Pressure? – Swedish Residence-Based Social Security and EU Citizenship
    • Núm. 18-2, Junio 2016
    • European Journal of Social Security
    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 ......
  • Overview of recent cases before the court of justice of the European Union (February 2019-June 2019)
    • Núm. 21-3, Septiembre 2019
    • European Journal of Social Security
    In the reporting period (February 2019-June 2019), the Court of Justice of the European Union did not deliver any ground breaking rulings that really altered existing coordination rules on social s...
    ...... rules determining the applicable legislation ( SF ), inva- lidity benefits ( Vester ), and family benefits ( Bogatu ). In addition, the Court brought ... between 2003 and 2009, and since then he received, in turn, a contributory unemployment benefit, then a non-contributory unemployment benefit and ......
  • The EU (non) co-ordination of minimum subsistence benefits: What went wrong and what ways forward?
    • Núm. 22-2, Junio 2020
    • European Journal of Social Security
    This contribution deals with the co-ordination of minimum subsistence benefits in EU law. It is argued that the distinction between social assistance schemes and non-contributory benefits in EU soc...
    ......It is argued that the distinction between social assistance schemes and non-contributory benefits in EU social security law is becoming increasingly redundant. This is recognised in the case law of the CJEU, although paradoxically not in ......
  • REPORTS OF COMMITTEES
    • 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 ......
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Law Firm Commentaries
  • The LIBOR Scandal and LIBOR Explained
    • JD Supra United Kingdom
    The London Interbank Offered Rate (LIBOR) is considered one of the most important interest rates in the financial world. It underpins approximately £225 trillion of financial products ranging from...
    ...... as a “trimmed” average of statistics submitted by contributory banks.  The rates submitted demonstrate a subjective evaluation of the ... or downwards alterations made by certain derivative traders to benefit their trading position and therefore increase profit.  Requests were made ......
  • UK IPO Facts And Figures (2013 And 2014) – Trade Marks
    • Mondaq UK
    ...... in domestic applications, one significant non-financial contributory factor may include the growing awareness of brand value and the importance ... the UK under the Madrid Protocol or whether they decide to benefit from local advice from the outset by instructing UK attorneys to file ......
  • 'Don't Shoot The Messenger: Copyright Infringement In The Digital Age'
    • Mondaq United Kingdom
    ...... or not the Betamax video machine was an illegal instrument of contributory copyright infringement. In Sony -v- Universal City Studios 104 US 774 ... supervise the infringements if it so wanted and that Aimster had benefited financially from the infringements. Judge Marvin Aspen went as far as to ......
  • 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 ......
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