RJM, R (on the application of) v Secretary of State for Work and Pensions

A person without accommodation does not have an 'other status' within the meaning of Article 14 ECHR; even if such status exists, the differential treatment in not paying disability premium is justified as a proportionate social policy measure.

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 From High Court (administrative Court) to Court of Appeal
Outcome: Appeal dismissed
Legal Topics: Disability Premium, Income Support, Article 14 ECHR, Article 1 Protocol 1 ECHR, Discrimination, Judicial Review

Constitutional Law Social Security Law Human Rights Law Disability Premium Income Support Article 14 ECHR Article 1 Protocol 1 ECHR Discrimination +1 more

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Parties

R (RJM)

Claimant/appellant

Secretary of State for Work and Pensions

Respondent/defendant

Procedural Posture

Judicial Review / Appeal From High Court (administrative Court) to Court of Appeal

Legal Issues

1 Whether a person without accommodation has 'other status' under Article 14 ECHR for the purposes of discrimination in the payment of disability premium as part of income support.
2 Whether the differential treatment of persons without accommodation is justified under the Convention.

Ratio Decidendi

Court Disposition

Appeal dismissed