Social Fund in UK Law

The deductions made by the respondent were not as in the normal case of compensation in bankruptcy a result of the bankruptcy, but were made in pursuance of a statutory scheme which was already in operation at the time of sequestration and with which the permanent trustee can have no concern.

Ever since the decision of the Divisional Court in R v Medical Appeal Tribunal (North Midland Region), Ex p Hubble [1958] 2 QB 228, it has been accepted that the process of benefits adjudication is inquisitorial rather than adversarial. Diplock J as he then was said this of an industrial injury benefit claim at p 240:

The department is the one which knows what questions it needs to ask and what information it needs to have in order to determine whether the conditions of entitlement have been met. The claimant is the one who generally speaking can and must supply that information. But where the information is available to the department rather than the claimant, then the department must take the necessary steps to enable it to be traced.

Further the wording of the Directive is not apt in Articles 7(3) (b)-(d) to cover self- employed persons. A distinction is drawn between workers, and having the status of worker on the one hand and self-employed persons on the other. A “jobseeker” is a person seeking employment rather self-employment Similar points can be made in relation to (c).

On 27 February 2007 Hilda Owen, a 71 year old widow, was murdered in her own home in Skegby. She had been attacked and severe injuries had been inflicted. The pattern of injury indicated that she had remained alive for somewhere between 15 and 24 hours after the attack. She was left to die. The appellant, her next door neighbour, reported to the police the finding of her body on 1 March 2007.