Social Security Benefit in UK Law

Leading Cases
  • Edwards (Inspector of Taxes) v Bairstow
    • House of Lords
    • 25 Jul 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 Oct 2008

    The fact that there are grounds for criticising, or disagreeing with, these views does not mean that they must be rejected. Equally, the fact that the line may have been drawn imperfectly does not mean that the policy cannot be justified.

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

    The section does not define entitlement by reference to the making of a claim or require a claim as a condition precedent to entitlement. The logic of entitlement and claim is clear: claim is based on the existence of entitlement. 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.

  • R v National Insurance Commissioner.ex parte Secretary of State for Social Services
    • Court of Appeal
    • 14 Apr 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
    • 05 Jul 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 Nov 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 Nov 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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