Social Security Benefit in UK Law

Leading Cases
  • Edwards (Inspector of Taxes) v Bairstow
    • House of Lords
    • 25 Julio 1955

    But, without any such misconception appearing ex facie, it may be that the facts found are such that no person acting judicially and properly instructed as to the relevant law could have come to the determination under appeal.

  • R (RJM) v Secretary of State for Work and Pensions
    • House of Lords
    • 22 Octubre 2008

    The fact that there are grounds for criticising, or disagreeing with, these views does not mean that they must be rejected. Of course, there will come a point where the justification for a policy is so weak, or the line has been drawn in such an arbitrary position, that, even with the broad margin of appreciation accorded to the state, the court will conclude that the policy is unjustifiable.

  • 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 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.

  • Abdirahman v Leicester City Council
    • Court of Appeal (Civil Division)
    • 05 Julio 2007

    I accept Mr Sales' proposition that the European cases show that, in this area, the scope of application of the Treaty, for the purposes of article 12, includes both cases where a right of residence arises directly under the Treaty and those where it arises separately under the law of the Member State. It does not extend to cases where no right of residence exists under either the Treaty or the relevant domestic law.

  • Zalewska v Department for Social Development
    • House of Lords
    • 12 Noviembre 2008

    Similar concerns about the impact of enlargement on the benefit system led to the amendment to the social security regulations that prevents the appellant from obtaining income support.

  • Hochstrasser (Inspector of Taxes) v Mayes
    • House of Lords
    • 30 Noviembre 1959

    In the past several explanations have been offered by Judges of eminence as to the significance of the word "from" in this context. For my part I think that their meaning is adequately conveyed by saying that, while it is not sufficient to render a payment assessable that an employee would not have received it unless he had been an employee, it is assessable if it has been paid to him in return for acting as or being an employee.

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Books & Journal Articles
  • Converging Trends of Social Policy in Europe: Social Security Benefit Reform in the UK, the Netherlands and Finland
    • Núm. 10-3, Septiembre 2008
    • European Journal of Social Security
    It has been suggested that similar challenges in the socio-economic environments of European welfare states necessitate convergence of national social security benefit programmes. However, converge...
  • Detecting, Prosecuting and Punishing Benefit Fraud: The Social Security Administration (Fraud) Act 1997
    • Núm. 62-2, Marzo 1999
    • The Modern Law Review
  • Reviews
    • Núm. 60-3, Mayo 1997
    • The Modern Law Review
    Anderson, Bruce ‘Discovery’ in Legal Decision‐Making Unger, Roberto Mangabeira What Should Legal Analysis Become? Susskind, Richard The Future of Law: Facing the Challenges of Information Technolog...
    ......=bf5wX6u7UHRDlfOOsi6cvh54RRQ%3D&x-amz-security... and historicism in philosophy and social theory,’ and so on (there are more). But these ...Sohrab , Sexing the Benefit: Women, Social Security and Financial ......
  • Repressive Welfare States: The Spiral of Obligations and Sanctions in Social Security
    • Núm. 16-3, Septiembre 2014
    • European Journal of Social Security
    This article discusses the trend of introducing increasingly strict obligations and sanctions for social security claimants in Germany, the Netherlands and the UK. It is argued that this trend shou...
    ......4 van Aerschot (2011). . Gijsbert Vonk 190 Interse ntia 2. FRAUD AND A BUSE OF BENEFITS RIGHTS: BIRDS OF A FEATHER Before starting on t he agenda, I  rst provide some conceptua l clari cation. In order to capture the repressive ......
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Law Firm Commentaries
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