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. 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 Nov 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 Abr 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 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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Legislation
Books & Journal Articles
  • 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...
    ......=u1KGfGgw7j1ZjfLu%2FlTQHFE%2FY94%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 ......
  • Conditional Rights, Benefit Reform, and Drug Users: Reducing Dependency?
    • Núm. 37-2, Junio 2010
    • Journal of Law and Society
    United Kingdom government policy to increase social security claimants' entry to the labour market through conditions attached to unemployed, sickness and incapacity benefits now includes additiona...
    ......=1630427736&Signature=LbduUN%2FwqygQj9asBFFiHi6tm3Q%3D&x-amz-security...? Neville Harris* United Kingdom government policy to increase social security claimants' entry to the labour market through conditions attached ......
  • Social Security, Student Loans and Access to Education
    • Núm. 54-2, Marzo 1991
    • The Modern Law Review
    The issue of student loans has been under public discussion for some time, but another change in their finances which affects many of them has not been debated so much in public — and that is the r...
    ...... finances which affects many of them has not been debated so much in public - and that is the removal of their housing benefit . . . It is very unfortunate that, just as the wish of students to participate in higher education is growing, they should be ......
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Law Firm Commentaries
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