Hagan v Secretary Of State For Social Security [2001] EWCA Civ 1452 (30 July 2001)

Hagan v Secretary Of State For Social Security [2001] EWCA Civ 1452 (30 July 2001)

A claimant may make separate claims for REA in respect of each industrial accident that causes a change in regular occupation and reduction in earnings, with the statutory cap applying to each claim. There is no statutory requirement to aggregate all accidents into a single REA claim. The Commissioner's decision to limit claimants to one aggregated REA award was erroneous in law.

Citation
[2001] EWCA Civ 1452
Parties
Claimant/respondent: John Hagan; Defendant/appellant: Secretary of State for Social Security
Jurisdiction
England and Wales
Judgment Date
30 July 2001
Procedural Posture
Appeal From Social Security Commissioners / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Reduced Earnings Allowance, Industrial Injuries, Disablement Pension, Statutory Interpretation
Social Security Law Administrative Law Reduced Earnings Allowance Industrial Injuries Disablement Pension Statutory Interpretation

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Parties

John Hagan

Claimant/respondent

Secretary of State for Social Security

Defendant/appellant

Procedural Posture

Appeal From Social Security Commissioners / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a claimant may make multiple claims for Reduced Earnings Allowance (REA) for successive industrial accidents, each causing a change in regular occupation and reduction in earnings, or whether only one aggregated claim is permitted.

Ratio Decidendi

A claimant may make separate claims for REA in respect of each industrial accident that causes a change in regular occupation and reduction in earnings, with the statutory cap applying to each claim. There is no statutory requirement to aggregate all accidents into a single REA claim. The Commissioner's decision to limit claimants to one aggregated REA award was erroneous in law.

Court Disposition

Appeal allowed

Orders

  • Decision of the Social Security Commissioner set aside in part; paragraphs 1 to 8 of the Commissioner's decision affirmed; paragraphs 9, 10, and 12 set aside; claimant not entitled to reduced earnings allowance between 7th and 13th January 1998; no order for costs.