RJM, R (on the application of) v Secretary of State for Work and Pensions [2007] EWCA Civ 614 (28 June 2007)

RJM, R (on the application of) v Secretary of State for Work and Pensions [2007] EWCA Civ 614 (28 June 2007)

A person without accommodation does not have an 'other status' within the meaning of Article 14 ECHR, so the refusal to pay disability premium to such a person is not discriminatory under the Convention. Even if such status existed, the differential treatment is justified as a rational policy choice within the State's margin of appreciation.

Citation
[2007] EWCA Civ 614
Parties
Claimant/appellant: R (RJM); Respondent/defendant: Secretary of State for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
28 June 2007
Procedural Posture
Judicial Review Appeal / Court of Appeal (civil Division) Appeal From High Court Administrative Court
Outcome
Appeal dismissed
Legal Topics
Disability Premium, Income Support, Discrimination Under Article 14 ECHR, Possessions Under Article 1 Protocol 1 ECHR, Homelessness and Welfare Benefits
Public Law Social Security Law Human Rights Law Disability Premium Income Support Discrimination Under Article 14 ECHR Possessions Under Article 1 Protocol 1 ECHR Homelessness and Welfare Benefits

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Parties

R (RJM)

Claimant/appellant

Secretary of State for Work and Pensions

Respondent/defendant

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division) Appeal From High Court Administrative Court

Legal Issues

  1. 1 Whether a person without accommodation has 'other status' under Article 14 ECHR for the purposes of discrimination
  2. 2 Whether the refusal to pay disability premium to homeless claimants is justified under the Convention
  3. 3 Whether entitlement to income support/disability premium is a 'possession' under Article 1 Protocol 1 ECHR

Ratio Decidendi

A person without accommodation does not have an 'other status' within the meaning of Article 14 ECHR, so the refusal to pay disability premium to such a person is not discriminatory under the Convention. Even if such status existed, the differential treatment is justified as a rational policy choice within the State's margin of appreciation.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.