Benefits - 1996
Law relating to Benefits; Income Support, Housing Benefit, Family Credit, National Assistance, Job-Seekers Allowance, Disability Living Allowance etc. See also Housing Law, and immigration (benefits for asylum seekers).
These cases are extracted from a very large database. The entries on that database are now being published individually to the main swarb.co.uk website in a much improved form. As cases are published here, the entry here will be replaced by a link to the same case in that improved form on swarb.co.uk. In addition the swarb.co.uk site includes very substantial numbers of cases after 2000. Please take the time to look.
This page lists 166 cases, and was prepared on 05 June 2013. These case are being transferred one by one to the main swarb.co.uk site which presents them better, with links to full text where we have it, and much improved cross referencing.
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| (Un-named) [1996] UKSSCSC CI_5249_1995 |
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1996 SSCS |
Benefits |
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| Link[s] omitted |
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| (Un-named) [1996] UKSSCSC CDLA_2364_1995 |
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1996 SSCS |
Benefits |
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| Link[s] omitted |
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| (Un-named) [1996] UKSSCSC CS_7934_1995 |
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1996 SSCS |
Benefits |
|
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| [ Bailii ] |
| | |
| (Un-named) [1996] UKSSCSC CI_4987_1995 |
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1996 SSCS |
Benefits |
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| [ Bailii ] |
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| (Un-named) [1996] UKSSCSC CIS_11304_1995 |
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1996 SSCS |
Benefits |
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| Link[s] omitted |
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| (Un-named) [1995] NISSCSC A27/95(IS) |
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2 Jan 1996 NISSCS |
Northern Ireland, Benefits |
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| [ Bailii ] |
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| (Un-named) [1995] NISSCSC A33/95(DLA) |
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3 Jan 1996 NISSCS |
Northern Ireland, Benefits |
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| Link[s] omitted |
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| (Un-named) [1996] UKSSCSC CDLA_899_1994 |
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4 Jan 1996 SSCS |
Benefits |
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| [ Bailii ] |
| | |
| (Un-named) [1996] UKSSCSC CDLA_267_1994 |
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5 Jan 1996 SSCS |
Benefits |
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| [ Bailii ] |
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| (Un-named) [1996] UKSSCSC CSIS_38_1994 |
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9 Jan 1996 SSCS |
Benefits |
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| [ Bailii ] |
| | |
| (Un-named) [1996] UKSSCSC CS_137_1993 |
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9 Jan 1996 SSCS |
Benefits |
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| Link[s] omitted |
| | |
| (Un-named) [1996] UKSSCSC CIS_6908_1995 |
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9 Jan 1996 SSCS |
Benefits |
|
|
| Link[s] omitted |
| | |
| Regina -v- Kensington and Chelsea Royal Borough Council Ex Parte Brandt |
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11 Jan 1996 QBD |
Benefits |
|
| Local Authority withholding housing benefit has no power to hold in interest bearing account. |
| | |
| (Un-named) [1996] UKSSCSC CIS_166_1994 |
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11 Jan 1996 SSCS |
Benefits |
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| Link[s] omitted |
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| Regina -v- Royal Borough of Kensington and Chelsea Housing Benefits Review Board ex parte Asmat Sheikh Munawar Sultana [1996] EWHC Admin 2 |
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14 Jan 1996 Admn |
Benefits |
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| Link[s] omitted |
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| (Un-named) [1996] UKSSCSC CF_9_1994 |
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16 Jan 1996 SSCS |
Benefits |
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| [ Bailii ] |
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| (Un-named) [1996] UKSSCSC CSI_2_1995 |
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18 Jan 1996 SSCS |
Benefits |
|
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| [ Bailii ] |
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| Rider -v- Chief Adjudication Officer [1996] UKSSCSC CIS_144_1993 |
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23 Jan 1996 SSCS |
Benefits |
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| [ Bailii ] |
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| (Un-named) [1996] UKSSCSC CA_233_1995 |
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24 Jan 1996 SSCS |
Benefits |
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| Link[s] omitted |
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| Rider -v- Chief Adjudication Officer; Palmer -v- Same; Doyle -v- Same |
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30 Jan 1996 CA |
Benefits |
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| No severe disability premium for lone parent receiving attendance and mobility all. |
| Income Support (General) Regulations 1987 Sch 2 para 13 |
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| (Un-named) [1996] UKSSCSC CCR_4_1996 |
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5 Feb 1996 SSCS |
Benefits |
|
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| [ Bailii ] |
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| Regina -v- Secretary of State for Social Security, Ex parte Taylor and Chapman [1997] BPIR 505 |
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5 Feb 1996 ChD Keene J |
Benefits, Insolvency |



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| The applicants were in turn the recipient of a Social Fund loan and a claimant who had been overpaid benefit. Both were later declared bankrupt. The Secretary of State then began to recover the loan and overpayment by deduction from their current benefits. They argued that he was unable to do so because of section 285(3) of the 1986 Act: that the right of deduction was a "remedy against the property or person of the bankrupt in respect of that debt". Held: Their entitlement was only to the net amount of benefit after deduction of the loan or overpayment and not to the full amount. |
| Insolvency Act 1986 285(3) |
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| (Un-named) [1996] UKSSCSC CCS_7395_1995 |
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9 Feb 1996 SSCS |
Benefits |
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| Link[s] omitted |
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| (Un-named) [1996] UKSSCSC CCS_8_1994 |
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20 Feb 1996 SSCS |
Benefits |
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| Link[s] omitted |
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| (Un-named) [1996] UKSSCSC CCS_1890_1995 |
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20 Feb 1996 SSCS |
Benefits |
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| Link[s] omitted |
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| (Un-named) [1996] UKSSCSC CIS_5353_1995 |
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21 Feb 1996 SSCS |
Benefits |
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| Link[s] omitted |
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| (Un-named) [1996] UKSSCSC CSU_7_1995 |
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22 Feb 1996 SSCS |
Benefits |
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| Link[s] omitted |
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| (Un-named) [1996] UKSSCSC CCS_2468_1995 |
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27 Feb 1996 SSCS |
Benefits |
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| Link[s] omitted |
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| Regina -v- Waltham Forest London Borough Council Ex Parte Holder and Another |
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28 Feb 1996 QBD |
Benefits |
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| Alternative accommodation was suitable even though the housing benefit claimant had no deposit to allow him to take up the accommodation. |
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| (Un-named) [1996] NISSCSC C1/96(AA) |
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4 Mar 1996 NISSCS |
Northern Ireland, Benefits |
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|
| Link[s] omitted |
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| (Un-named) [1996] UKSSCSC CG_5425_1995 |
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4 Mar 1996 SSCS |
Benefits |
|
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| [ Bailii ] |
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| (Un-named) [1996] NISSCSC C1/96(REA) |
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8 Mar 1996 NISSCS |
Northern Ireland, Benefits |
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| Link[s] omitted |
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| (Un-named) [1995] NISSCSC C46/95(DLA) |
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8 Mar 1996 NISSCS |
Northern Ireland, Benefits |
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|
| Link[s] omitted |
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| Regina -v- Secretary of State for Social Security Ex Parte Golding |
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15 Mar 1996 QBD |
Benefits |
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| The reclaim system was not to be used to recover excess mortgage interest repayments. |
| Social Security (Claims and Payments) Regulations 1987/1968 |
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| (Un-named) [1996] UKSSCSC CI_7176_1995 |
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20 Mar 1996 SSCS |
Benefits |
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|
| Link[s] omitted |
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| (Un-named) [1996] UKSSCSC CDLA_419_1994 |
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20 Mar 1996 SSCS |
Benefits |
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| Link[s] omitted |
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| (Un-named) [1996] NISSCSC C1/96(IVB) |
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21 Mar 1996 NISSCS |
Northern Ireland, Benefits |
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| [ Bailii ] |
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| (Un-named) [1996] UKSSCSC CIS_8485_1995 |
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27 Mar 1996 SSCS |
Benefits |
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| Link[s] omitted |
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| (Un-named) [1996] UKSSCSC CU_7238_1995 |
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29 Mar 1996 SSCS |
Benefits |
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| [ Bailii ] |
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| (Un-named) [1996] UKSSCSC CCR_5336_1995 |
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29 Mar 1996 SSCS |
Benefits |
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| Link[s] omitted |
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| (Un-named) [1996] UKSSCSC CI_474_1995 |
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1 Apr 1996 SSCS |
Benefits |
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| [ Bailii ] |
| | |
| (Un-named) [1996] UKSSCSC CI_11015_1995 |
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1 Apr 1996 SSCS |
Benefits |
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| [ Bailii ] |
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| (Un-named) [1996] UKSSCSC CM_158_1994 |
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1 Apr 1996 SSCS |
Benefits |
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| Link[s] omitted |
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| (Un-named) [1996] UKSSCSC CIS_5034_1995 |
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16 Apr 1996 SSCS |
Benefits |
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|
| Link[s] omitted |
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| (Un-named) [1996] UKSSCSC CSIS_137_1994 |
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17 Apr 1996 SSCS |
Benefits |
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| Link[s] omitted |
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| (Un-named) [1996] UKSSCSC CIS_4521_1995 |
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29 Apr 1996 SSCS |
Benefits |
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| Link[s] omitted |
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| Mclavey -v- Chief Adjudication Officer [1996] UKSSCSC CF_44_1993 |
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30 Apr 1996 SSCS |
Benefits |
|
|
| Link[s] omitted |
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| (Un-named) [1996] NISSCSC C20/96(DLA) |
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1 May 1996 NISSCS |
Northern Ireland, Benefits |
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|
| Link[s] omitted |
| | |
| (Un-named) [1996] NISSCSC C19/96(DLA) |
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2 May 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| [ Bailii ] |
| | |
| (Un-named) [1996] NISSCSC A17/96(DLA) |
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3 May 1996 NISSCS |
Northern Ireland, Benefits |
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|
| [ Bailii ] |
| | |
| Botchett -v- Chief Adjudication Officer [1996] UKSSCSC CIS_576_1992 |
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7 May 1996 SSCS |
Benefits |
|
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| Link[s] omitted |
| | |
| Botchett -v- Chief Adjudication Officer |
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8 May 1996 CA |
Benefits |
|
| A mentally handicapped but not ill patient in a nursing home is not entitled to be paid income support. |
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| (Un-named) [1996] NISSCSC C18/96(DLA) |
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10 May 1996 NISSCS |
Northern Ireland, Benefits |
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|
| [ Bailii ] |
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| (Un-named) [1996] NISSCSC C17/96(DLA) |
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10 May 1996 NISSCS |
Northern Ireland, Benefits |
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|
| [ Bailii ] |
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| (Un-named) [1996] NISSCSC C14/96(DLA) |
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10 May 1996 NISSCS |
Northern Ireland, Benefits |
|
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| [ Bailii ] |
| | |
| McLavey -v- Secretary of State for Social Security and Another |
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10 May 1996 CA |
Benefits, Children |
|
| No child benefit was payable in respect of a child who was in the voluntary care of the Local Authority. |
| Children Act 1989 20 - Social Security Contributions and Benefits Act 1992 |
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| (Un-named) [1996] NISSCSC C6/96(IS) |
|
10 May 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| [ Bailii ] |
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| (Un-named) [1996] UKSSCSC CCS_6996_1995 |
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14 May 1996 SSCS |
Benefits |
|
|
| Link[s] omitted |
| | |
| (Un-named) [1996] UKSSCSC CF_24_1994 |
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14 May 1996 SSCS |
Benefits |
|
|
| Link[s] omitted |
| | |
| Barton -v- Chief Adjudication Officer [1996] UKSSCSC CIS_164_1994 |
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16 May 1996 SSCS |
Benefits |
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|
| Link[s] omitted |
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| Chief Adjudication Officer -v- Bate [1996] UKSSCSC CIS_787_1991 |
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16 May 1996 SSCS |
Benefits |
|
|
| Link[s] omitted |
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| Bate -v- Chief Adjudication Officer |
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17 May 1996 HL |
Benefits |

1 Cites
1 Citers
|
| Severe disability premium not available to adult claimant residing with parents. |
| Income Support (General) Regulations 1987 (1987 No 1867) Sch2 13(2)(a |
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| (Un-named) [1996] NISSCSC A13/96(DLA) |
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17 May 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| [ Bailii ] |
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| (Un-named) [1996] NISSCSC C26/96(DLA) |
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20 May 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| [ Bailii ] |
| | |
| (Un-named) [1996] NISSCSC C25/96(DLA) |
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20 May 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| [ Bailii ] |
| | |
| (Un-named) [1996] UKSSCSC CIS_8475_1995 |
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21 May 1996 SSCS |
Benefits |
|
|
| Link[s] omitted |
| | |
| O'Flynn -v- Adjudication Officer C-237/94; [1996] All ER (EC) 541; [1996] ECR I-2617; [1996] EUECJ C-237/94 |
|
23 May 1996 ECJ |
Benefits, European |


|
| A condition on the making of a funeral grant that the deceased be buried in that country was unlawful. Article 7(2) of Regulation No 1612/68 on freedom of movement for workers within the Community precludes a rule of a Member State which makes grant of a payment to cover funeral expenses incurred by a migrant worker subject to the condition that burial or cremation take place within the territory of that Member State. Unless objectively justified and proportionate to the aim pursued, a provision of national law, even if applicable irrespective of nationality, must be regarded as indirectly discriminatory, and hence not complying with the equality of treatment prescribed by Article 7(2), if it is simply intrinsically liable to affect migrant workers more than national workers and if there is a consequent risk that it will place the former at a particular disadvantage. Firstly, as regards funeral expenses, although the costs he incurs will be of the same type as and of comparable amount to those incurred by a national worker, it is above all the migrant worker who may, on the death of a member of the family, arrange for burial in another Member State, in view of the links which the members of such a family generally maintain with their State of origin. Secondly, the refusal to grant the payment if the funeral takes place in another Member State cannot be justified by considerations of public health, or by considerations relating to the cost of funerals, since the cost of transporting the coffin to a place distant from the deceased' s home is not covered in any event, or by the difficulty of checking the expenses incurred. |
| Link[s] omitted |
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| (Un-named) [1996] NISSCSC A13/96(IS) |
|
23 May 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| [ Bailii ] |
| | |
| O'Flynn -v- Adjudication Officer [1996] UKSSCSC CIS_51_1990 |
|
23 May 1996 SSCS |
Benefits |
|
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| [ Bailii ] |
| | |
| (Un-named) [1996] NISSCSC C7/96(IS) |
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23 May 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| Link[s] omitted |
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| (Un-named) [1996] NISSCSC A144/96(DLA) |
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28 May 1996 NISSCS |
Northern Ireland, Benefits |
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|
| Link[s] omitted |
| | |
| Rijksdienst Voor Arbeidsvoorziening -v- Van Gestel |
|
30 May 1996 ECJ |
Benefits, European |
|
| Unemployment benefit for migrant worker paid by country as agreed by worker. |
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| (Un-named) [1996] NISSCSC C32/96(DLA) |
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7 Jun 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| Link[s] omitted |
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| (Un-named) [1996] UKSSCSC CIS_627_1995 |
|
7 Jun 1996 SSCS |
Benefits |
|
|
| [ Bailii ] |
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| (Un-named) [1996] UKSSCSC CI_2879_1995 |
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11 Jun 1996 SSCS |
Benefits |
|
|
| [ Bailii ] |
| | |
| (Un-named) [1996] NISSCSC C29/96(DLA) |
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13 Jun 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| Link[s] omitted |
| | |
| (Un-named) [1996] UKSSCSC CDLA_6166_1995 |
|
17 Jun 1996 SSCS |
Benefits |
|
|
| Link[s] omitted |
| | |
| (Un-named) [1996] NISSCSC C30/96(DLA) |
|
18 Jun 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| [ Bailii ] |
| | |
| (Un-named) [1996] NISSCSC C28/96(DLA) |
|
18 Jun 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| Link[s] omitted |
| | |
| Secretary of State for Social Security and Chief Adjudication Officer -v- Nathalie Remilen [1996] EWCA Civ 509 |
|
18 Jun 1996 CA |
Benefits |
|
|
| Link[s] omitted |
| | |
| (Un-named) [1996] NISSCSC C1/96(SuppBen) |
|
20 Jun 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| Link[s] omitted |
| | |
| (Un-named) [1996] NISSCSC A3/96(II) |
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21 Jun 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| Link[s] omitted |
| | |
| (Un-named) [1996] NISSCSC A64/96(DLA) |
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24 Jun 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| Link[s] omitted |
| | |
| (Un-named) [1996] NISSCSC A9/96(IVB) |
|
25 Jun 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| Link[s] omitted |
| | |
| Regina -v- Secretary of State for Social Security Ex Parte B and the Joint Council for the Welfare of Immigrants [1997] 1 WLR 275; [1996] 4 All ER 385; [1996] EWCA Civ 1293 |
|
27 Jun 1996 CANeill LJ, Simon Brown LJ |
Benefits, Immigration |

1 Citers
|
| The Secretary of State had introduced regulations which excluded the statutory right to payment of 'urgent case' benefits for asylum seekers who had not claimed asylum immediately upon arrival, or whose claims for asylum had been rejected, and who were awaiting appeal. Held: Leaving asylum applicants without benefits defeated the purpose of the asylum laws. The Regulations were quashed. Parliament cannot have intended a significant number of genuine asylum seekers to be impaled on the horns of so intolerable a dilemma: the need either to abandon their claims to refugee status, or alternatively to maintain them as best they can but in a state of utter destitution. Non-asylum-seeking immigrants had since 1980 invariably been admitted subject to the condition of 'no recourse to public funds' and, more importantly, unlike asylum seekers, can in any event return to their country of origin. |
| Income Support (General) Regulations 1987 21 - Social Security (Persons from Abroad) Regulations 1996 |
| Link[s] omitted |
| | |
| (Un-named) [1996] UKSSCSC CIS_7319_1995 |
|
28 Jun 1996 SSCS |
Benefits |
|
|
| [ Bailii ] |
| | |
| Cis 7319/95 (*41/96) [1996] UKSSCSC 1 |
|
28 Jun 1996 SSCS |
Benefits |
|
|
| Link[s] omitted |
| | |
| (Un-named) [1996] UKSSCSC CFC_6910_1995 |
|
3 Jul 1996 SSCS |
Benefits |
|
|
| Link[s] omitted |
| | |
| (Un-named) [1996] NISSCSC C31/96(DLA) |
|
8 Jul 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| Link[s] omitted |
| | |
| Regina -v- Secretary of State for Social Security and Another, Ex Parte Armstrong |
|
10 Jul 1996 CA |
Benefits |
|
| The 'Cooking test' was to be applied to all and assuming a willingness to learn to cook. |
| Social Security Contributions and Benefits Act 1992 72(1) |
| | |
| (Un-named) [1996] NISSCSC C49/96(DLA) |
|
11 Jul 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| [ Bailii ] |
| | |
| (Un-named) [1996] NISSCSC C16/96(DLA) |
|
11 Jul 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| [ Bailii ] |
| | |
| Susan Patricia Burton -v- Mayor and Burgesses of London Borough of Camden [1996] EWCA Civ 522 |
|
21 Jul 1996 CA |
Housing, Benefits |
|
|
| Link[s] omitted |
| | |
| (Un-named) [1996] UKSSCSC CDLA_902_1994 |
|
24 Jul 1996 SSCS |
Benefits |
|
|
| Link[s] omitted |
| | |
| Chief Adjudication Officer and Another -v- Steane and Another [1996] UKSSCSC CA_60_1993 |
|
24 Jul 1996 SSCS |
Benefits |

1 Cites
1 Citers
|
|
| [ Bailii ] |
| | |
| (Un-named) [1996] NISSCSC C52/96(DLA) |
|
2 Aug 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| Link[s] omitted |
| | |
| (Un-named) [1996] UKSSCSC CCS_11260_1995 |
|
5 Aug 1996 SSCS |
Benefits |
|
|
| [ Bailii ] |
| | |
| (Un-named) [1996] NISSCSC C51/96(DLA) |
|
5 Aug 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| Link[s] omitted |
| | |
| (Un-named) [1996] NISSCSC C54/96(DLA) |
|
5 Aug 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| Link[s] omitted |
| | |
| (Un-named) [1996] NISSCSC C1/96(SDA) |
|
5 Aug 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| [ Bailii ] |
| | |
| (Un-named) [1996] NISSCSC C2/96(IVB) |
|
5 Aug 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| [ Bailii ] |
| | |
| (Un-named) [1996] NISSCSC C2/96(IB) |
|
5 Aug 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| [ Bailii ] |
| | |
| (Un-named) [1996] NISSCSC C12/96(IS) |
|
5 Aug 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| Link[s] omitted |
| | |
| (Un-named) [1996] NISSCSC C11/96(IS) |
|
5 Aug 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| Link[s] omitted |
| | |
| (Un-named) [1996] NISSCSC C53/96(DLA) |
|
5 Aug 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| Link[s] omitted |
| | |
| (Un-named) [1996] UKSSCSC CIS_5242_1995 |
|
6 Aug 1996 SSCS |
Benefits |
|
|
| Link[s] omitted |
| | |
| Steane -v- Chief Adjudication Officer and Another [1996] 1 WLR 1195 |
|
8 Aug 1996 HL |
Benefits |
Casemap
1 Cites

|
Since no payments had been made by the Local Authority for care, a care home resident was entitled to claim Attendance Allowance.
Occupant of residential home paying charges himself may get attendance allowance. |
| National Assistance Act 1948 26 |
| | |
| (Un-named) [1996] UKSSCSC CI_6942_1995 |
|
8 Aug 1996 SSCS |
Benefits |
|
|
| [ Bailii ] |
| | |
| (Un-named) [1996] UKSSCSC CI_289_1994 |
|
13 Aug 1996 SSCS |
Benefits |
|
|
| Link[s] omitted |
| | |
| Regina -v- Royal Borough of Kensington and Chelsea ex parte Tracey Carney [1996] EWHC Admin 62 |
|
15 Aug 1996 Admn |
Benefits |
|
|
| Link[s] omitted |
| | |
| (Un-named) [1996] UKSSCSC CIS_529_1994 |
|
16 Aug 1996 SSCS |
Benefits |
|
|
| Link[s] omitted |
| | |
| (Un-named) [1996] NISSCSC C22/96(DLA) |
|
16 Aug 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| Link[s] omitted |
| | |
| Regina -v- Barrow Borough Council Housing Benefits Review Board ex parte Diane Elaine Catnach John Eric Thompson and Andrew Gerrard (By Their Next Friend Diane Osliffe) [1996] EWHC Admin 70 |
|
3 Sep 1996 Admn |
Benefits |
|
|
| [ Bailii ] |
| | |
| (Un-named) [1996] NISSCSC C27/96(DLA) |
|
12 Sep 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| Link[s] omitted |
| | |
| (Un-named) [1996] NISSCSC C24/96(DLA) |
|
12 Sep 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| Link[s] omitted |
| | |
| Regina -v- Secretary of State for Social Security ex parte Adrian Michael Moule [1996] EWHC Admin 74 |
|
12 Sep 1996 Admn |
Benefits |
|
|
| [ Bailii ] |
| | |
| (Un-named) [1996] UKSSCSC CDLA_11099_1995 |
|
16 Sep 1996 SSCS |
Benefits |
|
|
| Link[s] omitted |
| | |
| Gaygusuz -v- Austria 17371/90; (1996) 23 EHRR 364;; [1996] ECHR 36 |
|
16 Sep 1996 ECHR |
Human Rights, Benefits |
Casemap
1 Cites

|
| The applicant was a Turkish national resident in Austria. While working there he had paid unemployment insurance contributions. At a stage when he was unemployed he applied for an advance on his pension in the form of emergency assistance. That was available under the material Austrian legislation, but one of the conditions was that the applicant should "possess Austrian nationality", and so the applicant was refused. Held: Article 14 taken with Article 1P applied to the case and had been violated. "36. According to the court's established case law, Article 14 of the Convention complements the other substantive provisions of the Convention and the Protocols. It has no independent existence since it has effect solely in relation to 'the enjoyment of the rights and freedoms' safeguarded by those provisions. Although the application of Article 14 does not presuppose a breach of those provisions and to this extent it is autonomous there can be no room for its application unless the facts at issue fall within one or more of them. 37. The applicant and the Turkish Government argued that Article 14 of the Convention was applicable in conjunction with Article 1 of Protocol No. 1. They referred to the reasoning of the Commission, which found that the award of emergency assistance was linked to the payment of contributions to the unemployment insurance fund. 38. The Austrian Government, however, submitted that emergency assistance did not come within the scope of Article 1 of Protocol No. 1. Entitlement thereto did not result automatically from the payment of contributions to the unemployment insurance fund. It was an emergency payment granted by the State to people in need. Consequently, Article 14 of the Convention was not applicable either. 39. The Court notes that at the material time emergency assistance was granted to persons who had exhausted their entitlement to unemployment benefit and satisfied the other statutory conditions laid down in
the
Act. Entitlement to this social benefit is therefore linked to the payment of contributions to the unemployment insurance fund, which is a precondition for the payment of unemployment benefit. It follows that there is no entitlement to emergency assistance where such contributions have not been made. 40. In the instant case it has not been argued that the applicant did not satisfy that condition; the refusal to grant him emergency assistance was based exclusively on the finding that he did not have Austrian nationality and did not fall into any of the categories exempted from that condition. 41. The Court considers that the right to emergency assistance in so far as provided for in the applicable legislation is a pecuniary right for the purposes of Article 1 of Protocol No. 1. That provision is therefore applicable without it being necessary to rely solely on the link between entitlement to emergency assistance and the obligation to pay 'taxes or other contributions'. Accordingly, as the applicant was denied emergency assistance on a ground of distinction covered by Article 14, namely his nationality, that provision is also applicable." |
| European Convention on Human Rights 14 1P |
| [ Bailii ] - [ ECHR ] - [ Bailii ] |
| | |
| (Un-named) [1996] UKSSCSC CCS_11252_1995 |
|
18 Sep 1996 SSCS |
Benefits |
|
|
| Link[s] omitted |
| | |
| Cfc 019/90 [1996] UKSSCSC 2 |
|
23 Sep 1996 SSCS |
Benefits |
|
|
| [ Bailii ] |
| | |
| (Un-named) [1996] UKSSCSC CIS_6010_1995 |
|
23 Sep 1996 SSCS |
Benefits |
|
|
| [ Bailii ] |
| | |
| (Un-named) [1996] NISSCSC A5/96(II) |
|
25 Sep 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| Link[s] omitted |
| | |
| (Un-named) [1996] UKSSCSC CIB_11293_1995 |
|
1 Oct 1996 SSCS |
Benefits |
|
|
| [ Bailii ] |
| | |
| (Un-named) [1996] UKSSCSC CF_1015_1995 |
|
2 Oct 1996 SSCS |
Benefits |
|
|
| Link[s] omitted |
| | |
| (Un-named) [1996] UKSSCSC CIS_11441_1995 |
|
3 Oct 1996 SSCS |
Benefits |
|
|
| Link[s] omitted |
| | |
| Regina -v- Hammersmith and Fulham London Borough Council, ex parte M; Regina -v- Similar Ex Parte P etc [1996] EWHC Admin 90; (1997) 1 CCLR 85; (1997) 30 HLR 10 |
|
8 Oct 1996 QBD |
Benefits, Housing, Local Government |
Casemap
1 Cites
1 Citers
|
| Destitute asylum seekers who were not entitled to welfare benefits could be in need of care and attention within the meaning of section 21 of the 1948 Act although they were no longer entitled to housing assistance or other social security benefits such as income support. The Act should be read so as to disallow a refusal by local authorities to house destitute asylum seekers. Local Authority has residual duty to support destitute asylum applicants who had been refused benefits. |
| National Assistance Act 1948 21 22 |
| Link[s] omitted |
| | |
| Sally Brown -v- Chief Adjudication Officer [1996] EWCA Civ 695 |
|
10 Oct 1996 CA |
Benefits |
|
|
| [ Bailii ] |
| | |
| (Un-named) [1996] UKSSCSC CCS_8066_1995 |
|
10 Oct 1996 SSCS |
Benefits |
|
|
| Link[s] omitted |
| | |
| Brown -v- Chief Adjudication Officer |
|
16 Oct 1996 CA |
Benefits, Employment |
|
| A continuous series of daily contracts became one entitling employee to Statutory Sick Pay. |
| Social Security Contributions and Benefits Act 1992 153(1) |
| | |
| (Un-named) [1996] UKSSCSC CI_12678_1996 |
|
22 Oct 1996 SSCS |
Benefits |
|
|
| Link[s] omitted |
| | |
| Regina -v- Secretary of State for Social Security, ex parte Sarwar and ex parte Getachew [1996] EWCA Civ 801 |
|
24 Oct 1996 CA |
Benefits |
|
|
| [ Bailii ] |
| | |
| (Un-named) [1996] NISSCSC C35/96(DLA) |
|
25 Oct 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| Link[s] omitted |
| | |
| (Un-named) [1996] NISSCSC C4/96(IB) |
|
25 Oct 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| [ Bailii ] |
| | |
| (Un-named) [1996] NISSCSC C67/96(DLA) |
|
25 Oct 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| Link[s] omitted |
| | |
| Frank Thomas -v- Chief Adjudication Officer [1996] EWCA Civ 816 |
|
28 Oct 1996 CA |
Benefits |
|
|
| Link[s] omitted |
| | |
| Regina -v- Secretary of State for Social Security ex parte Costas Tamenene ('T') [1996] EWHC Admin 182 |
|
1 Nov 1996 Admn |
Benefits |
|
|
| Link[s] omitted |
| | |
| Paul Leslie Harrison -v- Department of Social Security [1996] EWHC Admin 195 |
|
5 Nov 1996 Admn |
Crime, benefits |
|
|
| Social Security Administration Act 1992 112 |
| Link[s] omitted |
| | |
| (Un-named) [1996] UKSSCSC CCR_8023_1995 |
|
7 Nov 1996 SSCS |
Benefits |
|
|
| [ Bailii ] |
| | |
| (Un-named) [1996] NISSCSC C69/96(DLA) |
|
7 Nov 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| Link[s] omitted |
| | |
| Regina -v- Secretary of State for Social Security ex parte Sutherland [1996] EWHC Admin 208 |
|
7 Nov 1996 AdmnLaws J |
Benefits, Constitutional |
Casemap
1 Citers
|
| The Secretary of State has no power to issue regulations which would withhold benefits pending an appeal against their refusal. Laws J said: "where the executive has been allowed by the legislature to make law, it must abide strictly by the terms of its delegated authority." |
| Link[s] omitted |
| | |
| (Un-named) [1996] UKSSCSC CCS_5079_1995 |
|
8 Nov 1996 SSCS |
Benefits |
|
|
| [ Bailii ] |
| | |
| Cis 564/94 & 7250/95 (*68/96) [1996] UKSSCSC 3 |
|
11 Nov 1996 SSCS |
Benefits |
|
|
| Link[s] omitted |
| | |
| (Un-named) [1996] UKSSCSC CIS_564_1994 |
|
11 Nov 1996 SSCS |
Benefits |
|
|
| Link[s] omitted |
| | |
| (Un-named) [1996] NISSCSC C23/96(DLA) |
|
19 Nov 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| Link[s] omitted |
| | |
| (Un-named) [1996] UKSSCSC CDLA_8462_1995 |
|
19 Nov 1996 SSCS |
Benefits |
|
|
| Link[s] omitted |
| | |
| (Un-named) [1996] NISSCSC C65/96(DLA) |
|
20 Nov 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| [ Bailii ] |
| | |
| Regina -v- Secretary of State for Social Security (ex parte Michale Cullen) [1996] EWHC Admin 252 |
|
21 Nov 1996 Admn |
Benefits |
|
|
| Link[s] omitted |
| | |
| Haringey London Borough Council -v- Cotter [1996] EWCA Civ 1018 |
|
21 Nov 1996 CA |
Benefits |
|
| A rent allowance underpayment was not to be set off against Housing Benefit arrears. |
| Social Security Contributions and Benefits Act 1992 |
| [ Bailii ] |
| | |
| Regina -v- London Borough of Lambeth ex parte Harrington, Howell and Glynn [1996] EWHC Admin 261 |
|
22 Nov 1996 Admn |
Benefits, Housing |
|
| Form of reasons for Housing benefits decisions is clear; no need for affidavits. |
| Link[s] omitted |
| | |
| Regina -v- London Borough of Hounslow ex parte Malik Javid Khan [1996] EWHC Admin 269 |
|
25 Nov 1996 Admn |
Housing, Benefits |
|
|
| Link[s] omitted |
| | |
| Regina -v- Gloucestershire County Council ex parte Victoria Dadds [1996] EWHC Admin 311 |
|
3 Dec 1996 Admn |
Benefits |
|
|
| Link[s] omitted |
| | |
| (Un-named) [1996] NISSCSC A1/96(REA) |
|
4 Dec 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| Link[s] omitted |
| | |
| (Un-named) [1996] NISSCSC C33/96(DLA) |
|
4 Dec 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| [ Bailii ] |
| | |
| Driver -v- Chief Adjudication Officer Secretary of State for Social Security [1996] EWCA Civ 1130 |
|
6 Dec 1996 CA |
Benefits |
|
|
| Link[s] omitted |
| | |
| Driver -v- Chief Adjudication Officer [1996] UKSSCSC CIS_467_1993 |
|
6 Dec 1996 SSCS |
Benefits |
|
|
| Link[s] omitted |
| | |
| (Un-named) [1996] UKSSCSC CI_12525_1996 |
|
7 Dec 1996 SSCS |
Benefits |
|
|
| Link[s] omitted |
| | |
| Downton -v- Department of Social Security [1996] EWCA Civ 1190 |
|
12 Dec 1996 CA |
Benefits |
|
| Income Support. |
| Link[s] omitted |
| | |
| (Un-named) [1996] NISSCSC CSC1/96 |
|
12 Dec 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| [ Bailii ] |
| | |
| (Un-named) [1996] NISSCSC A97/96(DLA) |
|
12 Dec 1996 NISSCS |
Northern Ireland, Benefits |
|
|
| Link[s] omitted |
| | |
| Regina -v- Sefton Housing Benefits Review Board ex parte Brennan [1996] EWHC Admin 365 |
|
13 Dec 1996 Admn |
Benefits |
|
|
| Link[s] omitted |
| | |
| Campbell -v- Chief Adjudication Officer [1996] EWCA Civ 1240 |
|
18 Dec 1996 CA |
Benefits |
|
|
| [ Bailii ] |
| | |
| (Un-named) [1996] UKSSCSC CIS_8415_1995 |
|
20 Dec 1996 SSCS |
Benefits |
|
|
| Link[s] omitted |
|