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England and Wales Case Law

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Social security law

IM v Secretary of State for Work and Pensions

The Upper Tribunal held that the UK, not Romania, was the competent state for Attendance Allowance under Regulation 883/2004 and remade the case accordingly.

  • Attendance allowance
  • Competent authority
  • Social security coordination
  • Withdrawal agreement
  • Regulation (ec) no 883/2004
  • Attendance-allowance
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Social security

CW v Secretary of State for Work and Pensions

The Upper Tribunal allowed the appeal, holding that the First-tier Tribunal gave inadequate reasons and erred in law when assessing attendance allowance entitlement.

  • Attendance allowance
  • Error of law
  • Adequacy of reasons
  • Statutory interpretation
  • Attendance-allowance
  • Error-of-law
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Social security

SW v Secretary of State for Work and Pensions (AA)

The Upper Tribunal allowed an appeal in an Attendance Allowance case, set aside the First-tier Tribunal’s decision for legal error, and remitted the matter.

  • Attendance allowance
  • Error of law
  • Tribunal procedure
  • Attendance-allowance
  • Error-of-law
  • Tribunal-procedure
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Local government law

Brown v Hambleton District Council

The High Court held that a council tax severe mental impairment discount could not be backdated before the date Attendance Allowance was claimed.

  • Council tax discount
  • Severe mental impairment
  • Attendance allowance
  • Statutory interpretation
  • Backdating of benefits
  • Council-tax-discount
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Administrative law [2021] EWHC 1 (Admin)

Brown v Hambleton District Council

Brown v Hambleton District Council [2021] EWHC 1 (Admin) (15 January 2021)

High Court appeal about whether a council tax severe mental impairment discount could be backdated before Attendance Allowance was claimed.

  • Council tax discount
  • Severe mental impairment
  • Attendance allowance
  • Statutory interpretation
  • Backdating of benefits
  • Council-tax-discount
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Social security law

Kavanagh & Anor v The Secretary of State for Work And Pensions

The Court of Appeal held that two recent EU migrants were entitled to non-contributory benefits because each had a genuine and sufficient link to the UK.

  • Disability living allowance
  • Attendance allowance
  • Habitual residence
  • Genuine and sufficient link
  • Eu freedom of movement
  • Social security coordination
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Social security law [2019] EWCA Civ 272

Kavanagh & Anor v The Secretary of State for Work And Pensions

Kavanagh & Anor v The Secretary of State for Work And Pensions [2019] EWCA Civ 272 (07 March 2019)

The Court of Appeal held that both appellants had a genuine and sufficient link to the UK for DLA and attendance allowance, and allowed the appeals.

  • Disability living allowance
  • Attendance allowance
  • Eu free movement
  • Genuine and sufficient link test
  • Habitual residence
  • Social security coordination
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Social security law

BK v Secretary of State for Work and Pensions

Upper Tribunal held that residence in another EU state could not be aggregated with UK presence for past-presence tests, and rejected a challenge to the genuine-link requirement.

  • Disability living allowance
  • Attendance allowance
  • Eu regulation 883/2004
  • Genuine and sufficient link
  • Aggregation of residence
  • Freedom of movement
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Social security

IG v Secretary of State for Work and Pensions

The Upper Tribunal held that section 65(7) barred attendance allowance because Lithuania, not the UK, was the competent State for sickness benefits under Regulation 883/2004.

  • Attendance allowance
  • Regulation (ec) 883/2004
  • Freedom of movement
  • Competent state
  • Sickness benefits
  • Attendance-allowance
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.