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England and Wales Case Law

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Social security

HMRC & Anor v SC

The Upper Tribunal held that a child benefit priority arrangement must be a valid joint election in the prescribed manner and upheld HMRC's award to the father.

  • Child benefit
  • Priority of entitlement
  • Joint election
  • Supersession of awards
  • Child-benefit
  • Joint-election
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Social security law

Secretary of State for Work and Pensions v AE

The Upper Tribunal held that child benefit had ended after HMRC terminated the award, so the claimant was not entitled to widowed parent’s allowance for the period in issue.

  • Widowed parent's allowance
  • Child benefit
  • Overpayment recovery
  • Entitlement conditions
  • Benefit claims
  • Statutory interpretation
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Social security

The Commissioners for HMRC v BZ

The Upper Tribunal held that misleading Home Office correspondence prevented the refugee-status notification from triggering the Child Benefit backdating time limit.

  • Child benefit
  • Refugee status
  • Backdating of benefits
  • Statutory interpretation
  • Child-benefit
  • Refugee-status
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Social security law

Wendy Carrington v The Commissioners for HMRC

The Court of Appeal held that Article 7 of Regulation 883/2004 did not preserve UK child benefit after a permanent move to Spain.

  • Child benefit
  • Exportability of social security benefits
  • Coordination of social security systems
  • Residence requirements
  • Family benefits
  • Child-benefit
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Social security law

Her Majesty's Revenue and Customs v Carrington

The Court of Appeal allowed HMRC to raise new points of law on articles 7 and 10 of Regulation 883/2004 in a child benefit overpayment appeal and adjourned the case.

  • Child benefit
  • Exportability of benefits
  • Regulation (ec) 883/2004
  • Jurisdiction to raise new points of law on appeal
  • Child-benefit
  • Social-security-law
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Social security law

HMRC v IT (CTC)

The Upper Tribunal allowed HMRC’s appeal, set aside the First-tier Tribunal’s decision, and held the claimant had no right to reside for tax credits or child benefit.

  • Right to reside
  • Tax credits
  • Child benefit
  • Worker status
  • Eu accession derogations
  • Worker authorisation scheme
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Social security law

HM Revenue and Customs v Ruas

The Court of Appeal held that a Portuguese national who had worked in the UK could claim UK child benefit for children in Portugal under Article 73 of Regulation 1408/71.

  • Child benefit
  • Entitlement of migrant workers
  • Interpretation of ec regulation 1408/71
  • Residence requirements
  • Non-discrimination
  • Child-benefit
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Social security law [2010] EWCA Civ 291

HM Revenue and Customs v Ruas

HM Revenue and Customs v Ruas [2010] EWCA Civ 291 (23 March 2010)

The Court of Appeal held that a former UK worker remained entitled to child benefit for children resident in Portugal under EU Regulation 1408/71, dismissing HMRC’s appeal.

  • Child benefit
  • Eu regulation 1408/71
  • Freedom of movement for workers
  • Non-discrimination
  • Coordination of social security
  • Entitlement to family benefits
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Administrative law

Ford, R (on the application of) v Inland Revenue

The High Court upheld a discretionary Child Benefit decision, finding the Revenue could consider the wider family context and that its guidance was not binding.

  • Child benefit
  • Discretionary decision-making
  • Judicial review
  • Legitimate expectation
  • Child-benefit
  • Judicial-review
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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.