CC, R (On the Application Of) v HM Treasury & Anor [2020] EWHC 2817 (Admin) (23 October 2020)

CC, R (On the Application Of) v HM Treasury & Anor [2020] EWHC 2817 (Admin) (23 October 2020)

The Secretary of State had no legal power to make additional payments to Carer's Allowance recipients outside the statutory uprating mechanism; therefore, the claim was not arguable and permission to amend was refused.

Source-derived case information.

Citation
[2020] EWHC 2817 (Admin)
Parties
Claimant: CC; Defendant: H. M. Treasury; Defendant: Secretary of State for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
23 October 2020
Procedural Posture
Judicial Review / Application to Amend Claim Form and Grounds; Permission Stage
Outcome
Permission to amend refused; claim dismissed.
Legal Topics
Carer's Allowance, COVID 19 Financial Support, Discrimination (echr Article 14), Judicial Review Procedure, Statutory Interpretation, Ultra Vires, Human Rights Act 1998
Administrative Law Social Security Law Human Rights Law Carer's Allowance COVID 19 Financial Support Discrimination (echr Article 14) Judicial Review Procedure Statutory Interpretation +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

CC

Claimant

H. M. Treasury

Defendant

Secretary of State for Work and Pensions

Defendant

Procedural Posture

Judicial Review / Application to Amend Claim Form and Grounds; Permission Stage

Legal Issues

  1. 1 Whether the Secretary of State had legal power to make additional payments to Carer's Allowance recipients not on Universal Credit during COVID-19
  2. 2 Whether failure to make such payments was unlawful discrimination under ECHR Article 14
  3. 3 Whether the decision was irrational at common law

Ratio Decidendi

The Secretary of State had no legal power to make additional payments to Carer's Allowance recipients outside the statutory uprating mechanism; therefore, the claim was not arguable and permission to amend was refused.

Court Disposition

Permission to amend refused; claim dismissed.

Orders

  • Application to amend claim form and grounds refused
  • Claim for judicial review dismissed