Welfare Benefit in UK Law

Leading Cases
  • 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.

  • R (TP and AR) v Secretary of State for Work and Pensions
    • Queen's Bench Division (Administrative Court)
    • 14 June 2018

    In terms of the person who moves within a local housing authority area, the position appears to be dealt with (albeit curiously) in regulation 6(3) of the Transitional Regulations. That provides that a person makes an application for a benefit if he takes any action which results in a decision on a claim being taken under certain regulations.

  • R v Stewart
    • Court of Appeal (Criminal Division)
    • 09 March 1990

    However it is clear from what we have already said that in order to qualify for prosecution at all, the offence must be something other than minor, and it seems to follow that it will only be the apparently more serious cases which will come before the Crown Court. They are easy to commit and difficult and expensive to track down. However it must be remembered that they are non-violent, non-sexual and non-frightening crimes.

  • R (AM) v Birmingham City Council
    • Queen's Bench Division (Administrative Court)
    • 02 March 2009

    Although Mr Armstrong invoked section 21B of the DDA, his submissions focused on the general duty under 49A. That is understandable, because in my view, putting to one side whether the Administrative Court is an appropriate forum for a section 21 claim, there are insuperable difficulties in the claimantclaimant establishing that there has been discrimination as defined in section 21D.

  • R (on the application of Moseley) v Haringey London Borough Council
    • Supreme Court
    • 29 October 2014

    Fairness is a protean concept, not susceptible of much generalised enlargement. But its requirements in this context must be linked to the purposes of consultation. Such are two valuable practical consequences of fair consultation. But underlying it is also a third purpose, reflective of the democratic principle at the heart of our society. This third purpose is particularly relevant in a case like the present, in which the question was not

    We agree with Lord Reed that the court must have regard to the statutory context and that, as he puts it, in the particular statutory context, the duty of the local authority was to ensure public participation in the decision-making process. It seems to us that in order to do so it must act fairly by taking the specific steps set out by Lord Reed in his para 39. In these circumstances we can we think safely agree with both judgments.

  • Humphreys v Revenue and Customs Commissioners
    • Supreme Court
    • 16 May 2012

    Under the new system, a single tax credit is payable in respect of each child, irrespective of whether the claimant is in or out of work, and is administered by Her Majesty's Revenue and Customs (HMRC). CTC is like income support and jobseeker's allowance, in that it is a benefit rather than a disregard and it is means-tested, so that the higher one's income the less the benefit, until eventually it tapers out altogether.

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  • The Universal Credit Regulations 2013
    • UK Non-devolved
    • January 01, 2013
    ... ... 5 and 7 of Schedule 1 and paragraphs 2 and 3 of Schedule 5 to, the Welfare Reform Act 2012 ... Amendments (Textual) # F1 2012 c.5. # F2 See section ... (11.9.2018) by The Social Security (Treatment of Arrears of Benefit) Regulations 2018 (S.I. 2018/932), regs. 1, 8) # C63 Regulations modified ... ...
  • Scotland Act 2016
    • UK Non-devolved
    • January 01, 2016
    ... ... 6A(6) (power to make regulations about how the value of a benefit is calculated) , and(c) paragraph 6B(4) (power to make regulations about ... by them to meet current expenditure because of an excess of welfare payments over forecast welfare payments, and(e) any sums which in ... ...
  • Welfare Reform and Work Act 2016
    • UK Non-devolved
    • January 01, 2016
    ... ... about reports on the effect of certain support for troubled families; to make provision about life chances; to make provision about the benefit cap; to make provision about social security and tax credits; to make provision for loans for mortgage interest and other liabilities; and to make ... ...
  • Coronavirus (Scotland) (No.2) Act 2020
    • Scotland
    • January 01, 2020
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Books & Journal Articles
  • Comparative Welfare State Analysis with Survey-Based Benefit: Recipiency Data: The ‘Dependent Variable Problem’ Revisited
    • No. 15-3, September 2013
    • European Journal of Social Security
    This paper aims to contribute to the debate on the ‘dependent variable problem’ in comparative welfare state analysis, by focusing on ‘benefit recipiency’ as a hitherto largely neglected type of in...
  • Is Welfare Dependency Inherited? Estimating Causal Welfare Transmission Effects Using Swedish Sibling Data
    • No. 17-3, September 2015
    • European Journal of Social Security
    This study tests whether individuals who grow up with parents on welfare benefits are themselves more (or less) likely to be welfare recipients as young adults, compared to individuals who grow up ...
    ... ... Section 5 concludes. 2. DATA AND THE SWEDISH WELFARE BENEFIT SYSTEM Wel far e be ne  ts in Sweden are provided by the municipal ities to households who are not able to support themselves. Welfare bene ... ...
  • The Universal Welfare State: Theory and the Case of Sweden
    • No. 52-4, December 2004
    • Political Studies
    In the existing literature on welfare state typologies, the concept of the universal welfare state is not defined precisely enough to allow for comparisons of universality over time and between cou...
    ... ... Classifying Welfare Programs According to Two Types of Universality Income universal Income selective Group selective Group universal Child benefit Demogrant Social assistance Housing benefit Note: Child benefit is group selective (only families with children under 18 are eligible) but income ... ...
  • How terrorists exploit gaps in US anti‐money laundering laws to secrete plunder
    • No. 8-3, July 2005
    • Journal of Money Laundering Control
    • 200-214
    Shows how terrorists finance their operations from crimes like immigration benefit fraud, cigarette smuggling, kidnapping and drug trafficking, and also petty crimes like benefit card theft, identi...
    ... ... proceeds.For example, the terrorist who fraudulently acquiresa welfare bene®t cheque by assuming a false identityfaces the same obstacle any ... ...
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Law Firm Commentaries
  • IRS Issues Welfare Plan Guidance for Same-Sex Spouses in View of DOMA Ruling
    • JD Supra United Kingdom
    The Internal Revenue Service has published a new notice that addresses specific questions on how the U.S. Supreme Court’s decision in U.S. v. Windsor, recognizing same-sex marriage, affects electio...
    ... ... v. Windsor, recognizing same-sex marriage, affects elections and contributions under certain employee welfare benefit plans. This notice follows up on the guidance that the IRS issued this summer on the Windsor decision. The new notice focuses on particular issues ... ...
  • ERISA Implications For A Personal Accident Claim In The US
    • Mondaq UK
    ... ... employees (and their beneficiaries) who are enrolled in "employee benefit plans," and to ensure that employees receive those benefits that have been ... Code §1002, which defines an "employee welfare benefit plan" and a "welfare plan" as: " ... any plan, fund, or program ... ...
  • Deloitte Monday Briefing: Mr Osborne’s Twenty-Year Vision
    • Mondaq United Kingdom
    ... ... last week, was the introduction of a £119 billion cap on welfare benefit spending. The cap will rise in line with inflation, but growth ... ...
  • New California Law Requires Year-End Account Balance Notices For Flexible Spending Account Plans – Action Items
    • Mondaq UK
    ... ... Federal law is controlling in the field of employee benefit plans under the Employee Retirement Income Security Act of 1974 (ERISA) ... included within the scope of ERISA Section 3(1) as employee welfare benefit plans, the California law is likely preempted with respect to ... ...
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  • Apply to make decisions on someone's behalf as a deputy
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Protection forms including the COP1 application to make decisions on someone's behalf.
    ... ... Appointment of deputy for personal welfare ... Personal welfare order (where deputy not required) ... Application ... welfare applications) benefit the person to whom the application relates? Is there any other way this ... ...
  • personal welfare application (COP GN4)
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Protection forms including the COP1 application to make decisions on someone's behalf.
    ... ... complete section 6 of form COP1 and explain ... why you are making the application and how the ... application will benefit the person who lacks capacity ... • family members or friends; ... • professionals; ... If you are making an application as a person’s ... ...
  • Form COP44A
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Protection forms including the COP1 application to make decisions on someone's behalf.
    ... ... If the case relates to health and personal welfare we will assess your eligibility for getting ... help with fees on your ... three months ago you should provide evidence of your benefit status (e.g. letter from the ... job centre) and your income at the time ... ...
  • Form SSCS5
    • HM Courts & Tribunals Service court and tribunal forms
    Social security and child support forms, including notices of appeal to the Department of Work and Pensions, HM Revenue and Customs and the NHS Business Services Authority.
    ...Print form ... Reset form ... Tax Credits, Child Benefit and Guardian’s Allowance ... Print form ... Notice of appeal against a ... This might be an organisation like the ... Citizens Advice or a welfare rights service or it may be a friend or advisor who knows about Tax ... ...
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