Devoy v Social Security Commissioner [2001] EWCA Civ 978 (14 June 2001)

Devoy v Social Security Commissioner [2001] EWCA Civ 978 (14 June 2001)

Neither European Union law nor human rights law provides the applicant with a right to child benefit allocation contrary to the decision of the Secretary of State under domestic law, and there is no right of appeal against such allocation.

Citation
[2001] EWCA Civ 978
Parties
Applicant: Edward Francis Devoy; Respondent: Social Security Commissioner
Jurisdiction
England and Wales
Judgment Date
14 June 2001
Procedural Posture
Application for Permission to Appeal / Court of Appeal (civil Division) Application for Permission to Appeal From Social Security Commissioner
Outcome
Application for permission to appeal refused
Legal Topics
Child Benefit Allocation, Appeal Rights, Equality of Treatment Under EU Law, Discretion of Secretary of State, Human Rights Act 1998
Social Security Law European Union Law Human Rights Law Child Benefit Allocation Appeal Rights Equality of Treatment Under EU Law Discretion of Secretary of State Human Rights Act 1998

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Parties

Edward Francis Devoy

Applicant

Social Security Commissioner

Respondent

Procedural Posture

Application for Permission to Appeal / Court of Appeal (civil Division) Application for Permission to Appeal From Social Security Commissioner

Legal Issues

  1. 1 Whether European Union law (Regulation 1408/71) entitles the applicant to child benefit contrary to domestic allocation
  2. 2 Whether the Human Rights Act 1998 or the European Convention on Human Rights provides a right to child benefit allocation different from domestic law
  3. 3 Whether the Secretary of State's discretion in allocating child benefit is subject to appeal or judicial review

Ratio Decidendi

Neither European Union law nor human rights law provides the applicant with a right to child benefit allocation contrary to the decision of the Secretary of State under domestic law, and there is no right of appeal against such allocation.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused