Social Security Benefit in UK Law

Leading Cases
  • Edwards (Inspector of Taxes) v Bairstow
    • House of Lords
    • 25 July 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 October 2008

    Equally, the fact that the line may have been drawn imperfectly does not mean that the policy cannot be justified. 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 November 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 April 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 July 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 November 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 November 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
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Law Firm Commentaries
  • Are you giving the correct pension increases?
    • JD Supra United Kingdom
    Pension increases in defined benefit schemes have become increasingly complex and contentious, not least because of the significant funding costs they involve. The recent decision in Dutton v. FDR...
    .... Pension increases in defined benefit schemes have become increasingly complex and ... . the Social Security Act 1990, which provided for increases ......
  • Social Security Benefits Up-Rating
    • Mondaq United Kingdom
    ...Social security benefit rates are increased every April to reflect the current rate of inflation (as measured by the Retail Prices Index (RPI) over the 12 months to the ......
  • Changes To Non-Recurrent Result-Linked Bonuses For 2013!
    • Mondaq United Kingdom
    ...A Belgian employer may grant a benefit to his employees in the form of a non-recurrent ... qualifies for beneficial tax, labour and social security law treatment: up to a certain maximum ......
  • Key Differences Between Spanish And English Employment Law: An Employer's Guide
    • Mondaq UK
    ...... Employees receive social security payments for up to a maximum of 18 ...The monthly Social Security benefit is equal to 100 per cent of the mother's average ......
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