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					          Department for Work and Pensions
            DECISION MAKING AND APPEALS (PART OF LEGAL GROUP)



                            Neligan
               Digest of Commissioner’s Decisions

                             Volumes 1 and 2
                       Supplement 69 – August 2009

1.   Attached is Supplement 69 to Neligan.


2.   This package is now produced in PDF format only. The amended pages are reproduced in
     full. The supplement number is printed at the top of each page.


3.   This package contains the following Commissioners’ Decisions:
     R(CS) 2/09     R(CS) 3/09     R(CS) 4/09     R(H) 2/09      R(H) 3/09     R(H) 4/09
     R(I) 1/09      R(IB) 2/09     R(IS) 4/09     R(IS) 5/09


4.   The last two supplement packages issued were


     Supplement No. 68 [May 2009]
     Supplement No. 67 [February 2009]


     If you choose to print this amendment package and update a hardcopy remove the sheets in
     the left-hand column of this notice and insert new sheets in the right-hand column (the
     numbers quoted are those printed at the top of the respective pages). Insert the revised
     sheets and note the record of amendments pages at the back of both Volumes 1 and 2.


5.   We make every effort to ensure the accuracy of this work, but in the event of an error being
     identified please contact the Publications team on 0113 232 4953.


     The Neligan Digest of Commissioner’s Decisions is available on the DWP Website at
     http://www.dwp.gov.uk/advisers/docs/neligans/index.asp
Remove                                           Insert

Volume 1                                         Volume 1

Chapter 2                                        Chapter 2
Contents Parts 13 -15 (1 page)                   Contents Parts 13 -15 (1 page)
2.13.7-8 – 2.13.9-10 (1 page)                    2.13.7-8 – 2.13.9-11 (1 page)

Chapter 9                                        Chapter 9
9.5.11-15 (1 page)                               9.5.11-15 – 9.5.15 (1 page)

Volume 2                                         Volume 2

Chapter 19                                       Chapter 19
19.3.3 R(IS)1/06 – 19.3.5 R(IS)11/04 (3 pages)   19.3.3 (R(IS)1/06) – 19.3.5 (R(IS)11/04 ) (3 pages)

Chapter 21                                       Chapter 21
Contents (1 page)                                Contents (1 page)
21.4.1-2 – 21.4.2-3 (1 page)                     21.4.1-2 – 21.4.2-3 (1 page)
21.12.1 – 21.12.2-3 (1 page)                     21.12.1 – 21.12.4 (2 pages)

Chapter 29                                       Chapter 29
29.2.11-12 – 29.2.12 (1 page)                    29.2.11-12 – 29.3.1-2 (3 pages)

Chapter 32                                       Chapter 32
Contents (1 page)                                Contents (1 page)
32.1.1 – 32.1.1-2 (1 page)                       32.1.1 – 32.1.3 (2 pages)
32.4.2-4 – 32.5.8 (2 pages)                      32.4.2-4 – 32.5.7-8 (2 pages)
32.7.1 – 32.7.1 (1 page)                         32.7.1-3 – 32.7.3 (1 page)

Appendix 2                                       Appendix 2
Part 1                                           Part 1
Lewis Case – Redgewell’s Case (1 page)           Lewis Case – Redgewell’s Case (1 page)
Chief Supp – R. v. Chief NI Comm (3 pages)       Chief Supp – R. v. Chief NI Comm (3 pages)
Rydquist – Barnes (2 pages)                      Rydquist – Barnes (2 pages)
Part 2                                           Part 2
Lawrence – Mackle (1 page)                       Lawrence – Mackle (1 page)
Vinelott – Young (1 page)                        Vinelott – Young (1 page)
Part 3                                           Part 3
AA Ten Holder – Wilhelm (3 pages)                AA Ten Holder – Wilhelm (3 pages)

Appendix 3                                       Appendix 3
Series CS 1/95 – R(DLA) 3/08 (1 page)            Series CS 1/95 – R(DLA) 3/08 (1 page)
Series H R(H) 1/02 – R(H) 1/09 (1 page)          Series H R(H) 1/02 – R(H) 4/09 (1 page)
Series I R(I) 1/91 – R(IS) 3/09 (2 pages)        Series I R(I) 1/91 – R(IS) 5/09 (2 pages)

General Index                                    General Index
Cer-Chi – Cla (2 pages)                          Cer-Chi – Cla (2 pages)
Ear-Eng – Err-Eur (1 page)                       Ear-Eng – Err-Eur (1 page)
Hol-Hou – Inc (3 pages)                          Hol-Hou – Inc (3 pages)
Pre – Pre (1 page)                               Pre – Pre (1 page)
                                                                    Supplement 69 [8/2009]




Part 13: Incapacity for work from 13.4.95
Activities and descriptors - general                                  2.13.1
Activities and descriptors - physical                                 2.13.2
Activities and descriptors - mental                                   2.13.3
Scoring the All Work Test                                             2.13.4
Self-assessment questionnaire                                         2.13.5
Failure to attend medical examination                                 2.13.6
Personal capability assessment - general                              2.13.7
Personal capability assessment - exemptions                           2.13.8
Personal capability assessment - treated as incapable                 2.13.9
Personal capability assessment - exceptional circumstances            2.13.10
Deemed incapacity                                                     2.13.11
Decisions not included                                                2 Annex

Part 14: Working and incapacity for work
Councillor's allowance                                                2.14.1
Domestic tasks                                                        2.14.2
Earnings                                                              2.14.3
Treated as capable                                                    2.14.4

Part 15: Incapacity Benefit and effect of Occupational Pension
Reduction of Incapacity Benefit for Occupational Pension Payments     2.15.1
Supplement 40 [5/2002]
                                                                                Supplement 69 [8/2009]

                                                                                           2.13.7-8
where the notices had been sent, it was incumbent on the AO to prove they had been
sent to the correct address.

7     Personal capability assessment - general

i       The claimant was issued with an incapacity for work questionnaire and was also R(IB) 5/98
asked to obtain a form Med 4 from his GP. He returned the questionnaire, but the form
Med 4 was not produced. Following examination by a medical officer, the AO decided
that the claimant did not satisfy the AWT and benefit was disallowed. The claimant
appealed. The tribunal allowed the appeal on the grounds that, in the absence of a Med
4, the AO’s decision had been taken on insufficient evidence (having regard to reg. 6(1)
of the SS (Medical Evidence) Regs. 1976). The AO appealed to the Commissioner. The
Commissioner held that the wording of reg. 2(1)(c) of the SS (Medical Evidence) Regs.
1976 empowered the Secretary of State to request a form Med 4, however it did not
oblige him to do so. Where that discretion was exercised, that request for form Med 4
was not irrevocable; and if no Med 4 were produced, then a decision to proceed without
it could be taken. Form Med 4 is not therefore necessary before an applicant can be
assessed to see whether they satisfy the AWT.

ii    The claimant challenged the validity of an electronically-prepared IB85 as R(IB) 7/05
evidence as it was not signed. The Commissioner held that:

      1.     there was no statutory requirement for an IB85 to be signed and the
      electronic IB85 did not purport to contain an electronic signature;

      2.     in proceedings to which the strict rules of evidence apply, s. 7 (of the
      Electronic Communications Act 2000) allows an electronic signature to be
      authenticated by means of a certificate in the prescribed form; however it does
      not lay down a procedure which is to be used in every case where the authenticity
      of an electronic document or of electronic data is in dispute;

      3.     however, even assuming that the electronic form IB85 did contain an
      electronic signature, s. 7 has no application to tribunals constituted under the
      Social Security Act 1998, since the strict rules of evidence do not apply to
      proceedings before those tribunals.

8     Personal capabiity assessment - exemptions

i      The claimant suffered from bi-polar disorder and was stable on medication. It was R(IB) 1/08
decided that she was neither exempt from the personal capability assessment by virtue
of suffering from a severe mental illness (reg. 10(2)(e)(viii) of the Social Security
(Incapacity for Work) (General) Regulations 1995) or could be treated as incapable
(reg. 27 of the Social Security (Incapacity for Work) (General) Regulations 1995).
Having failed to score sufficient points under the assessment, the claimant was found
capable of work. Regarding the application of reg. 10(2)(e)(viii), the Commissioner
held that

      1.    citing CIB/16182/96 and R 2/00 (IB), when considering the effects of a
      medical condition, account must be taken of both the beneficial and adverse
      effects of medication or other treatment that it is reasonable for a claimant to
      accept;

      2.    citing CSIB/169/05, the amendments to the current form of reg.
      10(2)(e)(viii), which came into effect on 6 January 1997, were found to be valid;

      3.    regarding the application of reg. 27 and ‘substantial risk’, account should
      taken of whether stabilisation is likely to be affected if the claimant were to
      undertake the stresses of the type work they might be required to look for when
      claiming jobseeker’s allowance.
Supplement 69 [8/2009]
2.13.9-11

                9        Personal capability assessment - treated as incapable

R(IB) 1/05      i      The claimant stopped sending in medical evidence and so was no longer treated
                as incapable for work until the personal capability assessment (PCA) was carried out.
                It was held:

                         1.     the outcome of the PCA can relate back to any undetermined days;

                         2.     ceasing to satisfy a condition for the application of regulation 28 does
                         not justify the removal of entitlement.

                         3.     the relevant change of circumstances is the carrying out of the PCA
                         which determined that the claimant was not incapable of work;

                         4.      supersession for that relevant change of circumstances could not take
                         effect from a date before the date of the decision. Carrying out of the PCA is an
                         ‘incapacity determination’ but the conditions for making the decision effective
                          from the date of change were not met.

                10       Personal capability assessment - exceptional circumstances

R(IB) 2/09      i      This decision concerns the correct interpretation of reg. 27(b) of the Social
                Security (Incapacity for Work) (General) Regulations 1995. The Court, endorsing CIB/
                360/2007, held that; the first consideration is whether the claimant suffers from some
                specific disease or bodily or mental disablement. The second consideration is whether,
                by reason of such disease or disablement there would be substantial risk tothe mental
                or physical health of any person, if the claimant were found capable of work. In
                assessing substantial risk it was held that; this must be done in the context of the
                journey to and from work and the workplace itself. In identifying the type of work a
                claimant might be capable of will depend on their background, experience and health
                condition. However, there need be no greater identification of the type of work other
                than that which is dictated by the need to assess risk arising from the work or workplace.

                11       Deemed Incapacity

R(IB) 8/04      i      The person made a claim from a date that was within six months of a previous
                adverse determination. The claim was refused on the ground that the first five days of
                the period of claim were within six months of an earlier determination finding them
                capable of work. Therefore they could not be treated as incapable of work pending the
                PCA being carried out. It was held that:

                         1.     the question of whether a person is incapable of work falls to be determined
                         in respect of each day of claimed incapacity within the period of claim. The six-
                         month period in reg. 28(2)(b) must be run back from each such day in the period
                         covered by the relevant claim;

                         2.     the date to be run back to is that of a still valid determination of the
                         Secretary of State on the claimant’s capacity for work at some earlier time, not
                         a tribunal decision confirming it on appeal;

                         3.     while days which fall within six months of such a determination cannot
                         be treated as days of incapacity – unless a fresh disease or disablement or
                         significant worsening of an existing one is shown – such days may nevertheless
                         be days of incapacity and this question must be addressed by carrying out the
                         PCA.
                                                                                   Supplement 69 [8/2009]

                                                                                            9.5.11-15
which is portable and held manually. It does not extend to the use of tools of any kind
in which some part of the operation may involve hand steadying or control.

ii      An industrial buffing machine was held to be a hand-held vibrating tool because     R(I) 6/98
it required a firm grasp and had to be moved backwards and forwards, manoeuvered and
guided by the operator. The question of portability was not relevant. The decision of
the Commissioner was not affected by the changes to the prescribed occupation which
took place with effect from 24 March 1996 because there was no doubt that the machine
was a powered tool which produced its own internal vibration.

iii    A claim for PD A12 was refused on the ground that the claimant’s work did not
                                                                                            R(I) 1/09
involve the action prescribed in the Sch., as amended from 6.4.07. The tribunal upheld
that decision, finding that the movements involved in the claimant’s work did not
involve the required degree of dorsiflexion and palmar flexion and were to the main
action of the hand involved in that work. However, the Judge held that the tribunal had
erred in law. Firstly, they confused the questions arising on a claim for disablement
benefit by considering in the context of the prescription question whether the prescribed
movements were the sole or main action involved in the claimant’s work, that being
a relevant issue only for the causation question. Secondly, they erred in misinterpreting
the report of the Industrial Injuries Advisory Council as showing that a particular
degree of flexion was relevant to the prescription question when there was nothing in
the report to suggest that, though the degree of flexion could be relevant to the medical
condition question or the causation question.

12    Cramp of the hand or forearm due to repetitive movements (PD A4)

i      A man who worked as an analytical chemist for 40 years and whose work R(I) 3/97
involved the filtration and titration of chemicals and metals requiring repetitive
movements was held not to satisfy the prescription for disease A4. The ejusdem generis
rule applied to the construction of the expression “other repetitive movements of the
fingers, hand or arm” so that the generality of the description was cut down by the
characteristics of intensity and frequency associated with the specific activities of
handwriting and typing.

13   Carcinoma of the nasal cavity or associated air sinuses (nasal carcinoma)
(PD D6)

i      A painter who for many years had spent a large proportion of his time working        R(I) 4/98
with and sanding wood was held not to satisfy the prescription in para. D6(a). Although
doors, skirting boards, parquet flooring etc. on which he had worked came within the
phrase “wooden goods”, whether or not they were ultimately attached to buildings, the
prescription only applied to work in buildings where, as part of the nature of the
building, the manufacture or repair of wooden goods was carried out.

14     Manual labour causing severe or prolonged external friction or pressure
at or about the knee (beat knee) (PD A6)

i      It was held that the prescription did not apply to a crane driver (ball and chain)   R(I) 5/98
because although the action of depression and release of a brake pedal might cause the
knee to be repeatedly flexed and distended and cause damage to the knee joint, it would
not cause beat knee.

15    Occupational Asthma (PD D7)

i       A bus driver claimed that his asthma was caused by exposure to diesel fumes and     R(I) 8/02
dust while driving buses through heavy traffic. There was no dispute that the claimant
had severe chronic asthma, which had been much worse when he was at work because
of the fumes. Medical advice was that diesel exhaust and other vehicle fumes and dust
of the kind to which a person is exposed in heavy traffic, while they would certainly
act as irritants, would not operate as “sensitisors” or causative agents for occupational
asthma. It was held that the expression “sensitising agent” when used medically in this
context means a chemical agent which actually causes a person to develop an asthmatic
Supplement 69 [8/2009]

9.5.15
                condition when inhaled at work rather than one which merely exacerbates an existing
                condition; and that in the absence of medical evidence that the diesel fumes were the
                original cause of the claimant’s asthma the tribunal had reached the only decision they
                reasonably could have done in disallowing the claim.
                                                                                       Supplement 69 [8/2009]

                                                                                                     19.3.3
necessarily to be transposed from Community law into domestic law just because the latter
uses the same term “habitual residence”. There is no legal or logical reason why the criteria
used should be the same for adjudicating upon the case of a Community migrant worker
and a person coming into the UK from a third country. Reg. 1408/71 was not intended to
alter or amend the internal social security systems of member states but provided only for
arrangements to protect migrant workers.

vii    The claimant was a Dutch national who had never worked in any member state               R(IS) 1/06
in the EU. She came to the UK with her child on 4.8.03. A claim to IS was disallowed
on 22.10.03 on ground that she was not habitually resident in the UK. The appeal
tribunal confirmed the decision but on subsequent appeal to the Commissioner he
questioned whether the claimant was an employed or self-employed person in accordance
with Article 2(1) of Council Regulation (EEC) 1408/71, by virtue of having received
the equivalent of IS and ChB in the Netherlands. Dismissing the appeal, the
Commissioner found that merely having been subject to the legislation of one member
state did not necessarily bring a person within the personal scope of Regulation 1408/
71, particularly where qualification was based purely on the main ground of legal
residence. He also held that the domestic habitual residence test met the test of
proportionality, so any discriminatory effect was objectively justified.

viii The claimant was born in the United States and had dual Irish and American                 R(JSA) 3/06
nationality. As part of his college studies he spent one semester in the UK, and
subsequently did casual or part-time work in the UK for approximately ten months in
1981/82. He then returned to the United States and worked there and in Africa. On
31.5.98 he returned to the UK, seeking work in the social services sector, and claiming
JSA(IB) on 8.6.98. The claim was disallowed on grounds that the claimant was not
habitually resident in the UK. The disallowance decision was subsequently upheld at
tribunal, and then by the Commissioner following a preliminary ruling on questions
of European law by the ECJ. The Commissioner held that the residence test in JSA was
objectively justified and proportionate in requiring a genuine link with the UK
employment market. The claimant appealed to the CA, challenging the Commissioners
interpretation of the ECJ judgement. Dismissing the appeal, the CA held that the
habitual residence test, which imported a requirement for a genuine link to the UK
employment market rather than simply that the search for work was genuine, was not
incompatible with community law.

ix      In both cases the claimants were EEA nationals who had entered the UK, and then         R(IS) 8/07
claimed income related benefits (IS, HB, and SPC) after 1.5.04. Neither was a worker
or otherwise economically self-sufficient at the relevant time. The claims were rejected
on grounds that the claimants were not habitually resident, because they did not have
a right to reside in the UK. The decisions were eventually appealed to the CA, who held
that simply being lawfully present did not equate to having a right to reside under UK
law, for which it is necessary to be a “qualified person”: and that was not inconsistent
with the UK’s obligations under ECSMA or the European Social Charter. The Court
concluded that Art. 18 of the Treaty does not create a right of residence for an EEA
national in another member state where the limitations imposed under Directive 90/
364/EEC are not satisfied. Where a person has no right of residence under either the
Treaty or domestic legislation, there was no question of discrimination under Art. 12
(discrimination on grounds of nationality).

x      The claimant, a Polish national, came to the UK in 1998 as an asylum-seeker,             R(IS) 3/08
and was granted temporary admission. His claim for asylum, and subsequent appeal,
were refused but a further human rights claim was still outstanding at the time of the
appeal to the Commissioner. In 2004 Poland acceded to the European Union. The
claimant was severely disabled and not economically self-sufficient, initially receiving
IS until the asylum claim was rejected, and then NASS support. This support ceased in
January 2006, and an IS claim from February 2006 was disallowed in May 2006 on
grounds that the claimant did not have a right to reside. A subsequent AT decided that
the claimant had a permanent right of residence under Art. 16(1) of Directive 2004/38/
EC because he had resided legally in the UK for a continuous period of five years. The
Secretary of State appealed to the Commissioner, who held that there is a clear
distinction between a right of admission and presence, and a right of residence; and
Supplement 69 [8/2009]

19.3.3
                temporary admission granted to an asylum-seeker is not a right to reside. He further held
                that, even if periods of residence before a person becomes a union citizen are not
                irrelevant, the claimant had not exercised any Community right of residence in the UK,
                or had a right of residence under UK domestic law, for the purposes of the “5 year
                condition” in Art. 16(1).

R(IS) 6/08      xi      The claimant, a Norwegian national with four children, came to the UK in 2003
                to live with her elderly father, who had himself claimed asylum. Her father became a
                naturalised British Citizen in 2004 and she then claimed IS mentioning that she had
                to care for her father. The claim was disallowed because she did not have a right to
                reside, and that was subsequently upheld by an AT. Confirming that the claimant did
                not have a right to reside as her father’s carer, the Commissioner then considered
                whether she might, alternatively, have such a right as a dependant of her father.
                However, the Commissioner held that the claimant had no right of residence as a
                dependant under the Immigration (EEA) Regulations 2000 because her father’s right
                of residence was only by virtue of domestic legislation rather than under European
                Community law.

R(IS) 8/08      xii    The claimant, a Dutch national with 3 dependant children, came to the UK in
                May 2004 and claimed IS in November 2004. The claim was disallowed because the
                claimant was not a “qualified person” and therefore did not have a right to reside. On
                appeal, the tribunal found that, although a single parent, the claimant had been looking
                for work since coming to the UK. However, they dismissed the appeal because the
                claimant was not a “worker” or self-sufficient. The Commissioner held that, until
                30.4.06, a claimant of IS was not precluded from establishing a right to reside as a
                “workseeker”, providing they could show they were actively seeking work that was
                genuine and effective. Employment for at least 16 hours per week, which is the
                minimum required of a JSA claimant with caring responsibilities, would generally be
                taken to be “effective”. However, from 30.4.06, an EU citizen claiming a right to reside
                as a “workseeker” must claim JSA, with the consequent normal conditions to be
                available for and actively seeking work, but also to have a genuine chance of being
                engaged.

R(IS) 3/09      xiii The claimant, a Polish national, came to the UK in 2004. She initially worked
                but gave birth to a child in August 2005 and subsequently claimed IS; having separated
                from the child’s father, a French student. The claim was refused because she did not have
                a right to reside. This was overturned on appeal, the tribunal finding that she had a right
                to reside as the parent and primary carer of a child of the EU student with a right to reside
                in the UK. The tribunal decision was set aside by a Commissioner who found the
                claimant had not shown that the father was a student at the relevant time, or that the
                child was dependent on him. Dismissing a further appeal, the CA held that the
                Commissioner’s decision was in accord with the evidence before him, that it was for
                the claimant to provide the necessary information in this case, and that the Commissioner
                was entitled to proceed on the basis that claimant’s counsel had supplied him with all
                the information relevant to the appeal. The Court further held that the Commissioner
                had considered the proportionality of finding that the child did not have a right to
                reside and, having rejected this argument, it was thus unnecessary to consider whether
                the claimant would have an indirect right to reside as primary carer.

R(IS) 4/09      xiv The claimant, a third country national working in GB, had a right to reside as
                the family member of a “qualified person”; his wife being a French national living and
                working in GB. He subsequently became seriously ill and his wife gave up work
                temporarily to care for him. His claim to IS was disallowed because he lost a right to
                reside when his wife gave up work. A tribunal overturned the disallowance, deciding
                that his wife remained a qualified person as she was involuntarily unemployed. The
                Secretary of State appealed and the Commissioner held that the term “involuntarily
                unemployed” required the person to be still in the labour market rather than considering
                the circumstances surrounding ceasing work (Reg. 5(2)(b) of the Immigration (EEA)
                Regs. 2000). He further held that the claimant’s wife did not remain a qualified person
                under Reg. 5(2)(a) of the same Regs. as she was not herself incapable of work. However,
                in the unusual and particular circumstances of this case, the Commissioner held that
                there was a lacuna in EEC Directives which was inconsistent with Art. 39 of the Treaty
                                                                                   Supplement 69 [8/2009]

                                                                                              19.3.3-4
where a worker was obliged to cease work to care for a spouse who is temporarily
seriously disabled. They both retained rights to residence.

xv      The claimant, a Polish national, came to the UK in 2002, initially as a student     R(IS) 5/09
and subsequently in employment. Following the birth of her child, she gave up work
in 2005 and claimed IS. This was disallowed as she did not have a right to reside and
the claim eventually reached the CA. The claimant argued that entitlement arose under
Art. 12 or 18 of the Treaty because it was disproportionate to deny a right of residence
to someone who is lawfully resident and substantially settled. The CA held that Art.
18 can be relied on to fill a lacuna in a Directive but that Council Directive 2004/38/
EC gave an authoritative insight into the parameters of proportionality, providing for
a right to permanent residence after 5 years lawful presence. Dismissing the appeal, it
held that it was not disproportionate to exclude the claimant from IS when, at the time
of claim she had been in GB for 3 years and was economically inactive.


4     Habitual residence - domestic

i       The claimant was a British national. He had qualified in England in technical       R(U) 7/85
graphics in the Summer of 1981, when he was 20. In April 1981, before so qualifying,
he had commenced employment in West Germany on an eight month engagement. He
returned to England to take his qualifications examination but, subject to that, he
remained employed in West Germany for a succession of fixed periods, totalling two
years. His employers were three successive, though associated, employment agencies
and the actual work was done for a single firm to whom each of his employers
successively contracted his services. In Germany he first lived in an hotel and then a
furnished flat. When his employment ended, he returned to England after drawing
German UB for 2½ months. While working in Germany, he returned home only on three
occasions, for nine days to take his examination, and for one holiday of two or three
weeks each year. He left all his possessions in his parent’s home, which he used as his
address and in which he jointly shared a room with his brother and to which he returned
when he came to England. His parents continually were on the look-out for employment
for him in England. He originally intended only to be in Germany for the eight month
period of his initial employment. On his return to England he claimed and was awarded
West German UB for the three months ending 29 September 1983 under Art. 69 of EEC
Reg. 1408/71. He claimed UK UB from 30 June 1983 to 25 April 1984, but from 4
August 1983 to 11 August 1983 he was in Spain looking for employment and his
disqualification from benefit for that period was not disputed. It was contended that
the claimant’s West German contributions could not be counted towards the satisfaction
of the contribution conditions for the UK benefit and accordingly he did not satisfy
those conditions; that, once having availed himself under art. 69, he could not at least
during the period before the Commissioner maintain a claim for the UK benefit (see
obiter dictum in R(U) 4/84); and that, in any event, the period from 30 September 1983
to 2 October 1983 should be accounted as waiting days, because the claimant was
precluded from drawing the UK benefit while drawing the German benefit. Therefore
he should be regarded as disqualified from receiving the UK benefit during that period
and the days in that period were not to be treated as days of unemployment. The
Commissioner held that:

      1.     subject to certain exceptions, Community law did not provide for the
      right of an unemployed worker to claim UB under the legislation of a Member
      State other than the State in which he became unemployed (art. 67(3)) (para. 5);

      2.     in this case the relevant exception was in art. 71(1)(a)(ii) and (b)(ii) and
      in relation to that Art. the question in issue was whether the claimant was
      “habitually residing” in the UK while working in Germany (see arts. 1(h) and
      71(1)) (para. 6);

      3.    during that period the claimant was habitually residing in the UK for the
      purposes of those provisions (paras. 7 to 15);

      4.    the fact that the claimant was precluded from receiving the UK benefit
      down to 30 September 1983 by reason of his receipt of the German benefit did
Supplement 69 [8/2009]

19.3.4-5
                         not amount to disqualification for receipt of the UK benefit, nor to disentitlement
                         to it (paras. 18 to 20);

                         5.    the claimant was entitled to UK UB from 30 September 1983 to
                         24 April 1984, but not from 30 June 1983 to 3 August 1983 or from 12 August
                         1983 to 29 September 1983 (paras. 1 and 16).

                The Commissioner also ruled that the expression “stable employment” in the Di Paolo
                case [1977] ECR 315 should be interpreted as meaning permanent or steady employment
                (para. 13). R(U) 4/84 followed and obiter dictum explained and distinguished. CS 174/
                49 (KL), R(S) 2/65, R(U) 13/80 and R(S) 11/83 considered.

R(IS) 6/96      ii     The claimant had a right of abode in the UK. She was born in Burma and lived
                there all her life until June 1992 when she first came to the UK, having separated from
                her husband. Her husband and children remained in Burma. She found long term work
                and rented accommodation. She was made redundant in May 1994 after which she
                claimed and was paid IS. In July 1994 she left the UK to visit her husband as he was
                thought to be terminally ill. She returned to the UK on 20 August 1994 and claimed
                IS. The AO decided she was not habitually resident in the UK and the tribunal upheld
                that decision. The Commissioner decided that the claimant had become habitually
                resident in the UK before she left on 20 July 1994 and that her temporary absence in
                Burma did not cause her to lose that habitual residence. He held that:

                         1.     a person who is not resident in this country at all cannot be habitually
                         resident. Residence is a more settled state than mere physical presence in a
                         country. To be resident a person must be seen to be making a home. It need not
                         be the only home or a permanent home but it must be a genuine home for the time
                         being (para. 19).

                         2.     it is a question of fact whether a person who has established residence in
                         a country has also become habitually resident. This must be decided by
                         reference to all the circumstances of the particular case (para. 20);

                         3.    the most important factors for habitual residence are the length, continuity
                         and general nature of actual residence rather than intention (para. 21);

                         4.     an “appreciable period of time” together with a settled intention will be
                         necessary for a person to be habitually resident. The relevant time is not in the
                         future, but one which has largely or wholly elapsed (paras. 21 and 23);

                         5.     the “appreciable period of time” depends on the facts of each individual
                         case and should be a period which shows, according to good sense and
                         judgment, a settled and viable pattern of living here as a resident (para. 28). The
                         practicality of a person’s arrangements for residence is a necessary part of
                         determining whether it can be described as settled and habitual (para. 29);

                         6.     established habitual residents of this country who have periods of
                         temporary or occasional absence of long or short duration may still be habitually
                         resident in this country during such absences.

R(PC) 2/07      iv     The claimant was awarded MIG (and then SPC) from January 2003, but this was
                subsequently disallowed in April 2006 when it was found that she was subject to a
                sponsorship agreement, signed in November 2002. The claimant appealed and produced
                evidence, including a British passport and naturalisation certificate, showing that she
                had become a British citizen in 2004. Despite this, the tribunal upheld the disallowance.
                The Commissioner held that all British Citizens have a right of abode in the UK and
                a British citizen can never be regarded as a sponsored immigrant or barred for that
                reason from public funds.

                5        Sponsored immigrants

R(IS) 9/94      i    A 17 year old claimant had been granted leave to remain in the UK as a refugee.
                He was refused IS on the grounds that none of the circumstances in which a person in
                                                                                      Supplement 69 [8/2009]

                                                                                                    19.3.5
relevant education may be entitled to IS (reg. 13) applied to him. The claimant was not
estranged from his parents in Somalia or any person acting in their place (reg. 13(2)(d)
and his parents were not prohibited from entering GB (reg. 13(2)(e)(iii). The Commissioner
held that:

       1.     a sponsor is not acting in the place of parents as his duties are not the same
       as those of a parent (para. 13);

       2.     when determining if a claimant has of necessity to live away from his
       parents due to physical or moral danger, that expression should be given a wide
       interpretation. The “physical or moral” danger need not emanate from the
       parents (para. 14);

       3.    most persons who are not British citizens are prohibited from entering the
       UK unless given leave to do so in accordance with the Immigration Act 1971.
       There does not have to be a specific prohibition of entry into GB (para. 17).

ii     The claimant entered the UK as a visitor but was subsequently granted indefinite        R(IS) 2/02
leave to remain when his nephew signed a sponsorship undertaking. In 1996 the
claimant returned to the UK after a spell of several months abroad and was given leave
to enter as a returning resident. He again left the country for a short time in 1997 and
was again granted leave to enter on the same basis. His claim for IS was rejected on the
ground that he was a sponsored immigrant who had not been present in the UK for five
years and was accordingly a “person from abroad” with an applicable amount of nil.
Following an unsuccessful appeal to the tribunal the claimant appealed to the
Commissioner who decided that the sponsorship agreement was continuous and
applied to the fresh leave to enter or remain granted on the claimant's return to the UK.
The CA dismissing the claimant's appeal held that:

       1.   the undertaking should be construed in the light of the immigration
       scheme as a whole

       2.    the Commissioner was right to decide that the undertaking was a
       acontinuing one which applied to the further grant of leave on return to the UK

       3.    the use of the words “upon an undertaking” in reg 21(3)(i) of the IS
       (General) Regs 1987 should be construed so that the leave granted on return to
       the UK was on the basis of the undertaking

       4.     S 135(2) of the SS Contributions and Benefits Act 1992 permits an
       applicable amount of nil to be prescribed and use of that power cannot render
       a reg. ultra vires.

iii    The claimant aged 71 came from Pakistan to live with her daughter and son in            R(IS) 11/04
law who had signed a sponsorship undertaking to maintain her for 6 months. Her claim
for IS was refused on the basis that she was a sponsored immigrant who had not been
in the country for more than 5 years. Following an unsuccessful appeal the claimant
was refused leave to appeal to the Commissioner. She then applied for judicial review
of the Commissioner’s refusal in the High Court on the ground that the undertaking
was not on the official form [RON112 or SET(F)] and was not a valid undertaking on
which entry clearance had been granted by immigration officials.

The Court held that decisions CIS/2474/99, CIS/47/02 and CIS/2816/02 were correctly
decided. Whether an undertaking is for the purposes of the relevant legislation is a
question of fact. The document was sufficiently formal and definite to constitute an
undertaking, it contained an express undertaking that the claimant would be maintained
without recourse to public funds and was drawn up by a solicitor and witnessed. There
was evidence that the leave to enter was granted on the basis of the undertaking. The
tribunal’s finding that it was valid for more than 6 months was one they were entitled
to reach.
                                                                 Supplement 69 [8/2009]



                                  CHAPTER 21


                               Child support

                                     Contents

Part 1: Jurisdiction
Court orders and written maintenance agreements                   21.1.1
Applications under s. 6                                           21.1.2
Habitual residence in the UK                                      21.1.3
Disputed parentage                                                21.1.4
Old scheme or new scheme                                          21.1.5

Part 2: Requirement to co-operate
Interim maintenance assessments                                   21.2.1
Welfare of children                                               21.2.2
Reduced benefit directions                                        21.2.3

Part 3: Effective dates
Date maintenance enquiry form is sent                             21.3.1
Effective date of MA made after interim maintenance assessment    21.3.2

Part 4: Maintenance formula issues
Property or capital transfer allowance                            21.4.1
Disposable income                                                 21.4.2
Assessable income                                                 21.4.3

Part 5: Earnings
Expenses                                                          21.5.1
Pension contributions                                             21.5.2
Income tax                                                        21.5.3
Self-employed                                                     21.5.4

Part 6: Other income
Payments of compensation for personal injury                      21.6.1
Notional income                                                   21.6.2
Rental income                                                     21.6.3
Dividends from shares                                             21.6.4
Drawings                                                          21.6.5

Part 7: Housing costs
Meaning of “principle home”                                       21.7.1
Eligible housing costs                                            21.7.2

Part 8: Special cases
Contribution to maintenance                                       21.8.1
More than one AP                                                  21.8.2
Shared care                                                       21.8.3
Child in LA care                                                  21.8.4
Child in boarding school                                          21.8.5

Part 9: Cancellations and terminations
AP returns to live with PWC and qualifying child                  21.9.1
Child temporarily ceases to live with PWC                         21.9.2
Supplement 69 [8/2009]




               Part 10: Departures
               Property or capital transfers                          21.10.1
               Lifestyle inconsistent                                 21.10.2
               Costs arising from illness or disabiltiy               21.10.3
               Debts incurred before separation                       21.10.4
               Decision-making and appeals                            21.10.5
               Contact costs                                          21.10.6

               Part 11: Other
               Validity of legislation                                21.11.1
               Estoppel                                               21.11.2
               Matters outside the scope of the maintenance formula   21.11.3
               Effect of the Limitation Act                           21.11.4

               Part 12: Variations
               Procedure                                              21.12.1
               Just and Equitable                                     21.12.2
               Special expenses                                       21.12.3
               Dividend                                               21.12.4
                                                                                     Supplement 69 [8/2009]
                                                                                              21.4.1-2

                 Part 4: Maintenance formula issues

1      Property or capital transfer allowance

i      In order for a transfer of property to be eligible for an allowance under para. 3A     R(CS) 5/99
of Sch. 1 to the Child Support (MAs and Special Cases) Regs. 1992 it must be a
“qualifying transfer” within the definition in para. 1. The requirement in para. (d) of
that definition is that the effect of the transfer must be that the PWC becomes
beneficially entitled to the whole of the asset transferred. Prior to the transfer, each of
the parents owned 50% of the former matrimonial home beneficially. The AP transferred
20% of beneficial interest in the property. The Commissioner and the CA both held that
para. (d) was satisfied. A part beneficial interest was an asset in itself and so the PWC
had become beneficially entitled to the whole of the asset transferred. The Commissioner
also clarified the position with regard to the meaning of “VT” in the formula in para.
4 of Sch. 3A. If what was transferred was part of a beneficial ownership of a house then
VT was the value of the part beneficial ownership transferred and not the value of the
whole house as had been submitted by the Secretary of State.

Note: Sch. 3A was substantially amended with effect from 6 April 1999 so this decision
only applies in respect of periods before that date.

ii     In order to qualify for an allowance under Sch. 3A of the Child Support (MAs           R(CS) 9/99
and Special Cases) Regs. 1992 a transfer property must be a “qualified transfer” within
the definition in para. 1 of that Sch. Para. (e) of the definition says that a qualifying
transfer must be one “which was not made expressly for the purpose only of compensating
the parent with care for the loss of any right to apply for or receive periodical payments
or a capital sum in respect of herself”. The Commissioner held that, in deciding the
purpose of a transfer of property the adjudicating authority need not confine itself to
the terms of the court order or written maintenance agreement, surrounding evidence
such as contemporaneous solicitor’s letters could also be considered. The Commissioner
also gives detailed guidance on what factors will and will not be relevant in deciding
the purpose of a transfer of property.

2      Disposable income

i       The PWC applied for a MA to be made in respect of a 13 year old boy. The AP           R(CS) 10/99
also had daughters from his first marriage. A consent order made in 1987 (in divorce
proceedings brought by the AP’s first wife) required the AP to make periodical
payments of maintenance in respect of his daughters. The terms of the order also
included an undertaking by the AP “to be responsible for the school bills” for each
of the three children. The question arose whether the payment of school fees under this
undertaking was “maintenance under a maintenance order” for the purposes of reg.
11(2)(a)(ii) of the Child Support (MAs and Special Cases) Regs. 1992. If it was then
it would be deducted in the calculation of the AP’s disposable income. The Commissioner
held that “maintenance” in reg. 11(2) includes fees and other expenses of a child’s
education. He further decided (applying Gandolfo v. Gandolfo [1981] QB 359, CA)
that the undertaking could be considered an integral part of the 1987 court order for
the purposes of reg. 11(2)(a)(ii). Thus the school fees were paid “under a maintenance
order ”.

Note: The Commissioner here reaches a different conclusion about undertakings in the
context of reg. 11(2) from that reached by the Commissioner in the context of
jurisdiction in R(CS) 6/99 21.1.1 ii.

ii      Reg. 12 of the Child Support (MAs and Special Cases) Regs. 1992 says that             R(CS) 4/02
disposable income shall be the aggregate of the income of the AP and any member of
his family calculated in like manner as under reg. 11(2). The question in this case
concerned reg. 11(2)(a)(i) which says that “any maintenance” falls to be included. The
AP’s partner was receiving Child Support Maintenance (CSM) under the Child Support
Act for her children. Was CSM caught by reg. 11(2)(a)(i)? The Commissioner concluded
that it was not. Firstly, where, for example one child lives with the father and one child
with the mother, if CSM is taken into account the result could be an endless circle of
reassessments. Such a result would be a nonsense. Secondly, reg. 11(2)(ii) allows
Supplement 69 [8/2009]

21.4.2-3
                deductions from disposable income for maintenance paid out by the AP or his partner.
                However CSM is clearly excluded from his provision. It might follow from this that
                payments of CSM received did not fall within reg. 11(2)(a)(i).

                3        Assessable income

R(CS) 6/03      i       A maintenance assessment (MA) had been made in respect of child “G”. G's
                father and AP (Mr A) had remarried and lived with his new wife and their children. Also
                in his household was another child “M”. Mr A was not M’s father, nor had he adopted
                her. A MA was in force against M’s father. Mr A said that he was receiving Working
                Families Tax Credit (WFTC) and that he should therefore benefit from reg. 10A of the
                Child Support (MAs and Special Cases) Regs. 1992. Reg. 10A provides that, where
                WFTC is paid to or in respect of an AP or a PWC, that parent shall be taken to have no
                assessable income. However this only applies to an AP where the AP is also a parent
                with care and either a MA is in force for the child in relation to whom the AP is a parent
                with care or where the Secretary of State is considering an application for a MA in
                respect of that child. Mr A’s argument was that he was a PWC with respect to M.

                The Commissioner held that reg. 10A would only apply to Mr A if he was a PWC in
                respect of M. S 54 of the Child Support Act 1991 defines “parent” as any person who
                is in law the mother or father of the child. The Commissioner held that Mr A was not,
                under English law, M’s father. He could not therefore benefit from reg. 10A. For the
                Human Rights aspects of this decision, see the synopsis at 19.4.l ii.

R(CS) 3/09      ii      Child tax credit, including a disability premium, was payable to the non-
                resident parent’s partner in respect of her daughter. It was argued that this should not
                be included in his assessable income for the purposes of calculating his maintenance
                liability. This was accepted by the First-tier Tribunal on the basis of its interpretation
                of para. 13A of the Sch. of the Child Support (Maintenance Calculations and Special
                Cases) Regs. 2000. The Upper Tribunal Judge held that the words “shall be treated as
                the income of the non-resident parent” had not been accidentally omitted from para.
                13A; they were unnecessarily in the context of that para. Even if they had been
                accidentally omitted they could be implied into the legislation if not to do so would
                deprive the provision of all meaning.
                                                                                      Supplement 69 [8/2009]

                                                                                                  21.12.1

                              Part 12: Variations

1      Procedure

i      On 13.9.04, the PWC appealed against a maintenance calculation on the                   R(CS) 2/06
grounds that the NRP had rental income. The PWC also applied for a variation. A DM
rejected this on preliminary consideration under s. 28B of the Child Support Act 1991
and decided not to revise the maintenance calculation. The tribunal hearing the appeal
decided to agree a variation under reg. 18 (assets) of the Child Support (Variations)
Regs. 2000. The Commissioner held:

       1.     a decision under s. 28B rejecting an application for a variation does not
       of itself dispose of the application. Such a decision must be in the form of a
       decision not to revise or not supersede the maintenance calculation;

       2.      it would have been possible for the DM to treat the PWC’s appeal as an
       application for a variation. In the benefits context, the Commissioners have
       always encouraged DMs to look at the substance of a letter from a claimant rather
       than its form and to treat it as an application for whatever is most advantageous
       to the claimant. A greater degree of restraint is needed in Child Support be-
       cause what is advantageous to one parent is often disadvantageous to the other.

ii      The PWC applied for a variation on the grounds of diversion of income. This            R(CS) 5/06
was referred to a tribunal in accordance with S. 28D(1) of the Child Support Act 1991.
Before the Commissioner, it was argued by the Secretary of State that, on a S. 28D(1)
referral, a tribunal could only agree to the variation and state how it applies and that
it was for the Secretary of State to make the revision or supersession necessary to give
effect to the variation. The Commissioner disagreed holding that, on a referral, the
tribunal not only decided the details of the variation but was also required to make the
consequent revision or supersession. The Commissioner’s reasons for this conclusion
were:

       1.     As a variation application is treated as an application for revision or
       supersession, the Commissioner could not see how the tribunal could decide the
       variation without making a revision or supersession.

       2.     In order properly to apply the Just and Equitable provisions the tribunal
       needed to know the effect of a proposed variation on the MC; so why should it
       not take that decision properly so as to avoid any injustice?

       3.     In practice the making of a referral normally involved little beyond
       sending a set of documents. There was no logic in giving little help with the
       decision but then insisting that the revision or supersession was reserved to the
       Secretary of State.

       4.      If the tribunal makes the revision or supersession, this avoids the creation
       of a separate decision that can give rise to a second appeal to a different tribunal.

       5.     Any difficulty the tribunal may have in calculating the MC can be
       overcome by directing the Secretary of State to make the calculations and giving
       the parties liberty to apply if they disagree with the way those calculations are
       done. Finally the Commissioner commented that any problems which might
       arise about the admissibility of court documents could be obviated by obtaining
       the formal authority of the relevant court. (see also 21.12.2.i).

iii    S. 28F(3) of the Child Support Act 1991 provides that the S of S shall not agree        R(CS) 2/09
to a variation if he is satisfied that prescribed circumstances apply, including, by reg.
7(5)(b) of the Child Support (Variations) Regs. 2000, where the non-resident parent is
in receipt of working tax credit. The question for the Upper Tribunal Judge was whether
he had to be “properly” or “lawfully” in receipt of the tax credit. The Upper Tribunal
Supplement 69 [8/2009]

21.12.1-4
                Judge, following precedent, held that legislation should not be construed so as to
                enable a person to profit from their fraud but it followed that unless there has actually
                been a criminal conviction, or possibly an admission of fraud during the course of
                tribunal or court proceedings, “in payment” did not mean “lawfully in payment”

                2        Just and Equitable

R(CS) 5/06      i       The PWC applied for a variation on the grounds of diversion of income. This
                application was referred to a tribunal under S. 28D(1) of the Child Support Act 1991.
                The tribunal agreed to a variation under diversion, determining that the NRP’s net
                income should be increased by £359.15 pw. It went on to find that this would result
                in a MC of £89.79 pw. However the tribunal decided that it would only be Just and
                Equitable to agree a variation that resulted in a MC at £60 pw. In its Statement of
                Reasons, the tribunal identified an error in its calculations. The result of the increase
                in net income should have been a MC at £53.92 pw. Nonetheless the tribunal confirmed
                its decision that the MC should be £60 pw. The Commissioner found that there was an
                inconsistency between the Decision Notice and the Statement of Reasons which was
                in itself an error in law. The Commissioner held that it was ”arguable” whether the
                legislation allowed a tribunal to reduce a proposed variation by using the Just and
                Equitable provisions. However he did not decide that point. He held however that it
                was beyond question that Just and Equitable could not be used to increase a variation
                above the amount justified by the relevant Variation reg. (see also 21.12.1.ii).

                3        Special expenses

R(CS) 1/08      i      A MC was made, adjusted to reflect shared care. The NRP sought a variation on
                the grounds of contact costs. He said that he incurred considerable costs in travelling
                long distances to pick up and return his daughter when she stayed with him one
                weekend per fortnight. A variation was refused by the DM but allowed by a tribunal.
                The relevant provision is reg. 10(4) of the Variation Regs. which says that “costs of
                contact shall not include costs which relate to periods when the NRP has care of the
                qualifying child overnight as part of a shared care arrangement”. The Commissioner
                held that the tribunal had incorrectly read the words “which relate to” as during. A much
                broader meaning was intended. If the costs are incurred for the purposes of a period,
                which is a question of fact, then they are incurred “in relation to” that period.

                4        Dividend

R(CS) 4/09      i       On 20 December 2005 the PWC made an application for a variation on the basis
                that the non-resident parent had received a dividend on 30 March 2005. It was
                determined that the maintenance calculation should be varied under reg. 19(1A) of the
                Child Support (Variations) Regs. 2000 in force from 6 April 2005. On appeal the Upper
                Tribunal Judge held that the natural meaning of reg. 19(1A) was that one had to look
                at the period from the effective date of the application for the variation down to the date
                of the decision. The CA held–

                         1.     the function of reg. 19(1A) is to identify a case or state of affairs on the
                         basis of which the S of S can exercise the discretion to direct a variation and,
                         provided the non-resident parent had control of the company at the time of the
                         receipt of the dividend, the conditions are fulfilled - paras. 13 and 14. It can
                         apply to a single payment of a dividend - para. 21. The question for reg.
                         19(1A)(b) is whether the non-resident payment was “receiving” income in the
                         form of a dividend - paras. 26, 27 and 33. “Receipt” being a continuing concept,
                         the reg. must be construed as applying to a period subsequent to the date of
                         payment - paras. 28 to 32;

                         2.     the application of reg. 19(1A) to dividend income received prior to the
                         commencement date of reg. 19(1A) did not offend the principle against the
                         retrospective application of legislation, since it only affected such income after
                         the commencement date and therefore is taken to operate prospectively only.
                                                                          Supplement 69 [8/2009]

                                                                                      21.12.4

3.     reg. 25 is used to work out the weekly amount of additional income and
merely involves dividing the amount of the dividend by 52 - paras. 15 - 18. There
is no need to consider the period with respect to which the dividend was stated
to be paid or the fiscal year, and the weekly amount must be nationally related
to the weeks succeeding the date of payment because it cannot otherwise be
added to any future payments - para. 19.
                                                                                     Supplement 69 [8/2009]
                                                                                              29.2.11-12

11     Persons in relevant education who may be entitled to income support

12     Persons from abroad

i       In this appeal a Dutch national had come to live in the UK. She argued that she        R(IS) 11/01
did not have to show actual habitual residence, because she had a right to reside in the
UK under Council Directives No. 68/360/EEC and 73/148/EEC and was therefore not
a “person from abroad” for the purposes of reg. 21(3) of the IS (General) Regs. 1987.
She argued that her right to reside derived from her, and her son’s, status as “recipients
of services”: she received services from the Somali Support Services, her son received
football tuition. The Commissioner found that the claimant did not come to the UK to
receive these services, but to settle here. He held that the provisions of European law
are concerned with the cross-border provision of services, and that only if a person came
to the UK for a finite period for the purpose of receiving services would the Treaty rights
apply. Then they would only apply until that finite period ended, or until the person
settled in the UK, whichever was the earlier.

ii     The claimant had been granted indefinite leave to join his nephew in the UK.           R(IS) 8/05
The question at issue was whether a statutory declaration made by the claimant’s
nephew, (which was not on the official form SET(F), but stated that he was willing and
able to maintain his uncle), was a maintenance undertaking in accordance with the
immigration rules. The Commissioner decided it was a statement of ability and
intention, rather than a promise as to future conduct. An appeal by the Secretary of State
of the CA was dismissed.

iii    The claimant was a Dutch national who had never worked in any member state             R (IS) 1/06
in the EU. She came to the UK with her child on 4.8.03. A claim to IS was disallowed
on 22.10.03 on ground that she was not habitually resident in the UK. The appeal
tribunal confirmed the decision but on subsequent appeal to the Commissioner he
questioned whether the claimant was an employed or self-employed person in accordance
with Art. 2(1) of Council Regulation (EEC) 1408/71, by virtue of having received the
equivalent of IS and ChB in the Netherlands. Dismissing the appeal, the Commissioner
found that merely having been subject to the legislation of one member state did not
necessarily bring a person within the personal scope of Reg. 1408/71, particularly
where qualification was based purely on the main ground of legal residence. He also
held that the domestic habitual residence test met the test of proportionality, so any
discriminatory effect was objectively justified.

iv      In both cases the claimants were EEA nationals who had entered the UK, and then       R(IS) 8/07
claimed income related benefits (IS, HB, and SPC) after 1.5.04. Neither was a worker
or otherwise economically self-sufficient at the relevant time. The claims were rejected
on grounds that the claimants were not habitually resident, because they did not have
a right to reside in the UK. The decisions were eventually appealed to the CA, who held
that simply being lawfully present did not equate to having a right to reside under UK
law, for which it is necessary to be a “qualified person”: and that was not inconsistent
with the UK’s obligations under ECSMA or the European Social Charter. The Court
concluded that Art. 18 of the Treaty does not create a right to residence for an EEA
national in another member state where the limitations imposed under Directive 90/
364/EEC are not satisfied. Where a person has no right to residence under either the
Treaty or domestic legislation, there was no question of discrimination under Art. 12
(discrimination on grounds of nationality).

v      The claimant was awarded MIG (and then SPC) from January 2003, but this was            R(PC) 2/07
subsequently disallowed in April 2006 when it was found that she was subject to a
sponsorship agreement, signed in November 2002. The claimant appealed and produced
evidence, including a British passport and naturalisation certificate, showing that she
had become a British citizen in 2004. Despite this, the tribunal upheld the disallowance.
The Commissioner held that all British citizens have a right of abode in the UK and a
British citizen can never be regarded as a sponsored immigrant or barred for that reason
from public funds.
Supplement 69 [8/2009]

29.2.12
R(IS) 3/08      vi     The claimant, a Polish national, came to the UK in 1998 as an asylum-seeker,
                and was granted temporary admission. His claim for asylum, and subsequent appeal,
                were refused but a further human rights claim was still outstanding at the time of the
                appeal to the Commissioner. In 2004 Poland acceded to the European Union. The
                claimant was severely disabled and not economically self-sufficient, initially receiving
                IS until the asylum claim was rejected, and then NAS support. This support ceased in
                January 2006, and an IS claim from February 2006 was disallowed in May 2006 on
                grounds that the claimant did not have a right to reside. A subsequent AT decided that
                the claimant had a permanent right of residence under Art. 16(1) of Directive 2004/38/
                EC because he had resided legally in the UK for a continuous period of five years. The
                Secretary of State appealed to the Commissioner, who held that there is a clear
                distinction between a right of admission and presence, and a right of residence; and
                temporary admission granted to an asylum-seeker is not a right to reside. He further held
                that, even if periods of residence before a person becomes a union citizen are not
                irrelevant, the claimant had not exercised any Community right of residence in the UK,
                or had a right of residence under UK domestic law, for the purposes of the “5 year
                condition” in Art. 16(1).

R(IS) 6/08      vii     The claimant, a Norwegian national with four children, came to the UK in 2003
                to live with her elderly father, who had himself claimed asylum. Her father became a
                naturalised British Citizen in 2004 and she then claimed IS mentioning that she had
                to care for her father. The claim was disallowed because she did not have a right to
                reside, and that was subsequently upheld by an appeal tribunal. Confirming that the
                claimant did not have a right to reside as her father’s carer, the Commissioner then
                considered whether she might, alternatively, have such a right as a dependant of her
                father. However, the Commissioner held that the claimant had no right of residence as
                a dependant under the Immigration (EEA) Regs. 2000 because her father’s right of
                residence was only by virtue of domestic legislation rather than under European
                Community law.

R(IS) 8/08      viii The claimant, a Dutch national with 3 dependant children, came to the UK in
                May 04 and claimed IS in November 2004. The claim was disallowed because the
                claimant was not a “qualified person” and therefore did not have a right to reside. On
                appeal, the tribunal found that, although a single parent the claimant had been looking
                for work since coming to the UK. However, they dismissed the appeal because the
                claimant was not a “worker” or self sufficient. The Commissioner held that, until
                30.4.06, a claimant of IS was not precluded from establishing a right to reside as a
                “workseeker”, providing they could show they were actively seeking work that was
                genuine and effective. Employment for at least 16 hours per week, which is the
                minimum required of a JSA claimant with caring responsibilities, would generally be
                taken to be “effective”. However, from 30.4.06, an EU citizen claiming a right to reside
                as a “workseeker” must claim JSA, with the consequent normal conditions to be
                available for and actively seeking work, but also to have a genuine change of being
                engaged.

R(IS) 3/09      ix      The claimant, a Polish national, came to the UK in 2004. She initially worked
                but gave birth to a child in August 2005 and subsequently claimed IS; having separated
                from the child’s father, a French student. The claim was refused because she did not have
                a right to reside. This was overturned on appeal, the tribunal finding that she had a right
                to reside as the parent and primary carer of a child of an EU student with a right to reside
                in the UK. The tribunal decision was set aside by a Commissioner who found the
                claimant had not shown that the father was a student at the relevant time, or that the
                child was dependent on him. Dismissing a further appeal, the CA held that the
                Commissioner’s decision was in accord with the evidence before him, that it was for
                the claimant to provide the necessary information in this case, and that the Commissioner
                was entitled to proceed on the basis that claimant’s counsel had supplied him with all
                the information relevant to the appeal. The Court further held that the Commissioner
                had considered the proportionality of finding that the child did not have a right to
                reside and, having rejected this argument, it was thus unnecessary to consider whether
                the claimant would have an indirect right to reside as primary carer.
                                                                                    Supplement 69 [8/2009]
                                                                                            29.2.12

x      The claimant, a third country national working in GB, had a right to reside as       R(IS) 4/09
the family member of a “qualified person”,; his wife being a French national living and
working in GB. He subsequently became seriously ill and his wife gave up work
temporarily to care for him. His claim to IS was disallowed because he lost a right to
reside when his wife gave up work. A tribunal overturned the disallowance, deciding
that his wife remained a qualified person as she was involuntarily unemployed. The S
of S appealed and the Commissioner held that the term “involuntarily unemployed”
required the person to be still in the labour market rather than considering the
circumstances surrounding ceasing work (Reg. 5(2)(b) of the Immigration (EEA) Regs.
2000). He further held that the claimant’s wife did not remain a qualified person under
Reg. 5(2)(a) of the same Regs. as she was not herself incapable of work. However, in the
unusual and particular circumstances of this case, the Commissioner held that there was
a lacuna in EEC Directive which was inconsistent with Art. 39 of the Treaty where a
worker was obliged to cease work to care for a spouse who is temporarily seriously
disabled. They both retained rights to residence.

xi     The claimant, a Polish national, came to the UK in 2002, initially as a student      R(IS) 5/09
and subsequently in employment. Following the birth of her child, she gave up work
in 2005 and claimed IS. This was disallowed as she did not have a right to reside and
the claim eventually reached the CA. The claimant argued that entitlement arose under
Arts. 12 or 18 of the Treaty because it was disproportionate to deny a right to residence
to someone who is lawfully resident and substantially settled. The CA held that Art.
18 can be relied on to fill a lacuna in a Directive but that Council Directive 2004/38/
EC gave an authoritative insight into the parameters of proportionality, providing for
a right to permanent residence after 5 years lawful presence. Dismissing the appeal, it
held that it was not disproportionate to exclude the claimant from IS when, at the time
of claim she had been in GB for 3 years and was economically inactive.
                                                                                  Supplement 69 [8/2009]

                                                                                          29.3.1-2


                   Part 3: Membership of a family

1     General

i      The claimant’s husband was in remunerative work but not living at home, being      R(IS) 17/93
remanded on bail in a bail hostel. Bail is an alternative to custody. The husband could
not be treated as not being a member of the claimant’s family on the ground that he was
in custody. However all the evidence available should be examined, and any conclusions
that could be drawn from the evidence taken into account, to decide if he intended to
resume living together with the claimant and if his absence was likely to exceed 52
weeks.

2     Married couple

i     Five claimants lived in the same residential care homes as their respective         R(IS) 1/99
spouses. The AOs decided that each was a member of the same household as his or her
spouse and therefore that their income and capital fell to be aggregated. On appeal the
Commissioner held that:

             1.     there cannot be a “household” unless there is a domestic
             establishment;

             2.     a domestic establishment involves a group of two or more persons
             living together as a unit where that group enjoys a reasonable level of
             independence and self-sufficiency;

             3.    the test of whether a married couple are members of the same
             household is a matter for the common sense of the AT. Facts which
             may be of the greatest assistance in one case may be little or no help
             in another.
                                                                      Supplement 69 [8/2009]




                                 CHAPTER 32


     Housing Benefit & Council Tax Benefit

                                   Contents

Part 1: Overpayments
Official error                                                        32.1.1
Offsetting                                                            32.1.2
Amendments to legislation on recoverability - whether retrospective   32.1.3

Part 2: Liability to make payments in respect of a dwelling
Whether tenancy or a commercial basis                                 32.2.1
Whether a tenancy agreement is a sham                                 32.2.2
Eligible and ineligible payments                                      32.2.3
Income treated as capital                                             32.2.4
Rent to former partner for home previously shared -
  possible discrimination                                             32.2.5
Payments by an owner                                                  32.2.6
Whether claimant and landlord reside in the dwelling                  32.2.7
Dwelling previously owned by claimant                                 32.2.8
Payment to tenant or landlord                                         32.2.9

Part 3: Appeals
Choice from whom to recover                                           32.3.1
Responsibilities of LA as respondent                                  32.3.2
Right of appeal - refusal to give decision on claim                   32.3.3
Right of appeal - landlord                                            32.3.4
Right of appeal - termination                                         32.3.5
Meaning of “houseboat”                                                32.4.8

Part 4: Conditions of entitlement
New tenancy - whether benefit to be paid from second or
  third week of tenancy                                               32.4.1
Occupying a dwelling as the home                                      32.4.2
Incapacity for work under a savings provision                         32.4.3
Meaning of “exempt accommodation” under a savings provision           32.4.4
Meaning of “long tenancy”                                             32.4.5
Right to reside                                                       32.4.6
Meaning of “resident” for CTB purposes                                32.4.7

Part 5: Membership of the family
Meaning of “partner”                                                  32.5.1
Whether a LA is bound by a decision awarding JSA to a
 claimant and his wife as a “married couple”                          32.5.2

Part 6: Claims
Lack of evidence                                                      32.6.1

Part 7: Capital and income - general
Expenses of self-employed earners                                     32.7.1
Self-employed earners - calculation of income                         32.7.2
Whether gross income means Incapacity Benefit actually received
  or the notional rate                                                32.7.3
Supplement 69 [8/2009]




                Part 8: Capital
                Notional capital                                           32.8.1
                Calculation of capital                                     32.8.2

                Part 9: Payments
                Benefit paid to tenant where duty to pay to landlord -
                 whether possible to pay to landlord for same period       32.9.1

                Part 10: Suspension and Termination
                Suspension of awards and payments of benefit pending
                provision of information or evidence; and termination
                of award for failure to provide                           32.10.1

                Decisions not included                                   32 Annex
                                                                                    Supplement 69 [8/2009]

                                                                                              32.1.1

                            Part 1: Overpayments

1       Official error

i       The claimant was in receipt of HB and CTB. Her wages increased on 27 March R(H) 1/02
2000, but she failed to inform the authority. Later she submitted a further claim, which
correctly set out the amount of her wages. The applicant continued to receive benefit
at the rate appropriate to her previous lower wages. The authority on 9 August 2000
recalculated her entitlement from the date her wages had increased, but due to an error
on their part an incorrect (lower) figure for her wages was used. As a result, an additional
sum by way of HB and CTB was credited to her rent account on 10 August. On 15 August
2000 she was sent a notice to this effect, showing that the benefits had been calculated
using the incorrect figure. The authority accepted that all the overpayments were
caused by an official error, but decided that they were recoverable because the claimant
could have been expected to realise that the overpayment was occurring. The
Commissioner held that:

        1. the tribunal had erred in law in failing to analyse sufficiently precisely how
        reg 99 of the Housing Benefit (General) Regs 1987 applied to the facts of the
        case;

        2. the overpayment made before 10 August 2000 were not recoverable under
        reg 99 because the claimant could not reasonably have been expected to realise
        at the time that she was being overpaid;

        3. the overpayment made after that date were recoverable because the claimant
        could at the time of receipt of the notice dated 15 August reasonably have been
        expected to realise that the payment was an overpayment. Under reg 99(2) an
        overpayment caused by official error is recoverable if the recipient could at
        either the time of receipt of the payment or the time of receipt of “any notice
        relating to that payment” reasonably have been expected to realise that it was
        an overpayment.

ii     The claimant was wrongly awarded IS because he did not disclose to the BA R(H) 1/04
occupational pensions which he and his wife received. The relevant council tax
legislation provides that the income (other than earnings) of a person in receipt of IS
is not taken into account in determining entitlement to CTB. The claimant was
therefore awarded CTB even though he had disclosed the occupational pensions on his
original CTB claim form. When the BA became aware of the occupational pensions,
entitlement to IS was removed from the date of the original award and a similar decision
was then made in relation to CTB.

    The Commissioner held that:

        1. Under reg 24(2) of and para. 4 of Sch 4 to the Council Tax Benefit (General)
        Regs 1992 the claimant, being is receipt of IS was entitled to CTB. The
        information before the council did not demonstrate that the IS award had been
        wrongly made. Although the council could for its own protection have queried
        the correctness of the IS award with the BA, the fact that it did not do so was not
        a mistake and thus not an official error under reg 84 of the Council Tax Benefit
        (General) Regs 1992.

        2. Even if it had been a mistake, the mistake did not cause the overpayment
        under reg 84(3) because the overpayment was for these purposes caused by the
        claimant's failure to disclose the occupational pensions to the BA.

iii    In a claim for HB in April 2000 the claimant gave the amount of WFTC she was R(H) 2/04
currently receiving. HB was awarded on that figure. The decision notice advised her
that she had to inform the council of any change in her income. The claimant did not
inform the council of a subsequent increase in WFTC until October 2000 when she had
made a renewal claim for WFTC. She also failed to inform the council of a further
increase in WFTC that was awarded since October 2000.
Supplement 69 [8/2009]

32.1.1-2

                    The Commissioner held that:

                         1. the general principle under S75 of the Social Security Administration Act
                         1992 is that all HB overpaid by mistake or for any other reason is recoverable
                         by the Secretary of State or by the council except in the single instance provided
                         for in reg 99 of the Housing Benefit (General) Regs 1987 S.I. No. 1971;

                         2. it was not an “error” or “mistake” under reg 99 for the local council to
                         maintain the continuity of the HB award by making a new award on 17 October
                         on the best information currently available and trusting the claimant to notify
                         them if it should transpire this needed correction;

                         3. the overpayment was caused by the claimant’s own failure to notify the
                         council of the true amount of her WFTC entitlement as soon as the figure given
                         by her and reflected in their award calculation became incorrect. A practical
                         approach to questions of causation and responsibility ought to be adopted in
                         such cases.

R(H) 10/08      iv     A HB claimant went abroad for several months and informed the LA housing
                officer of her absence on several occasions, but did not tell the officer administering
                her benefit award. The tribunal found that she had failed in her duty to inform the
                relevant department and upheld the decision that the overpayment of benefit was
                recoverable. The Commissioner allowed the appeal, holding that a housing officer is
                an officer of the “relevant authority” for the purposes of reg. 81(3) of the HB (Persons
                who have attained the qualifying age for state pension credit) Regs. 2006. The tribunal
                erred in failing to consider whether the alleged failure of the housing officer to pass
                the information to the benefits office might have amounted to an “official error”.

                2        Offsetting

R(H) 2/03       i     On appeal from the decision of the Commissioner the CA in Secretary of State
                for Work and Pensions v. Chiltern District Council and Warden Housing Association
                [2003] EWCA Civ 508 held that:-

                The cessation of a passport benefit had the effect of ending the benefit period,
                whereupon the authority was required to invite a fresh claim. That process was quite
                separate from determining any offset to an overpayment. There was no power to
                postpone the termination of the award while obtaining information in order to apply
                offsetting.

R(H) 1/05       ii     The LA determined in 1999 that an amount of benefit was recoverable from the
                claimant. The claimant argued that under reg. 104 of the Housing Benefit (General)
                Regs 1987, the amount of the overpayment should be reduced by any underlying
                entitlement he might have if all the true facts had been disclosed. The tribunal
                dismissed the appeal as it was reg. 104 as it stood in 1999 which was applicable to him,
                the tribunal were bound by R v. Wyre BC ex parte Lord which decided that no
                entitlement could arise as no fresh claim on the correct basis had been made to cover
                the period for which benefit had been withdrawn.

                The chairman was misdirected by ex parte Lord in the light of the CA’s decision in Adan
                v. London Borough of Hounslow [2004] EWCA Civ 101 that ex parte Lord was wrongly
                decided. Reg. 104 did not require a fresh claim for a lesser amount or disclosing the
                correct circumstances to have been actually made before it can be determined what
                would have been the amount “properly payable” to deduct in arriving at the net
                recoverable amount.

                The onus was on the claimant to satisfy the tribunal that some identifiable amount of
                housing benefit was payable to him on the balance of probabilities after full disclosure
                of his actual means and all other circumstances. All the actual income which the
                claimant had obtained, including wrongly obtained benefits, had to be included except
                where the claimant could show that the amounts were legally recoverable and were
                being fully recovered from him.
                                                                                    Supplement 69 [8/2009]

                                                                                                 32.1.3
3     Amendments to legislation on recoverability - whether retrospective

i       The issue for the Upper Tribunal was whether the amendments to the law on              R(H) 3/09
recoverability of overpayments of hb that came into force in April 2006 applied to
liability in respect of payments made before that date, the difference being that under
the former law the claimant and his landlord would, for the period when benefit was
paid to the landlord, be jointly and severally liable to repay, whereas under the
amended law the claimant would be solely liable.

Held, dismissing the appeal, that:

      1. Reg. 101 applies to decisions taken after it came into force and therefore to
      payments that were made before it came into force, and, since it effected a real
      change in liability, was retrospective in its terms. Therefore it was necessary to
      consider whether that retrospective effect was so unfair that it was not permissible
      to attribute to Parliament the intention that it should so operate.

      2. The presumption against retrospective effect is flexible and how the question
      of fairness will be answered in respect of a particular statute will defend on the
      interaction of several factors, each of them capable of varying from case to case.

      3. The presumption did not apply in this case, since the retrospective effect did
      not result in any significant change in the ultimate legal position of any person
      affected.

      4. While s. 75 does not authorise retrospective provision expressly, in most
      circumstances a payment in excess of entitlement inevitably involves a
      retrospective change to that entitlement and so the provision authorises
      retrospective provision by necessary and distinct implication.
                                                                                     Supplement 69 [8/2009]

                                                                                               32.4.2-4
“adaptations” for the purpose of reg. 5(6)(c)(i) and the claimant was not entitled to
housing benefit until the date when he moved in to the new property.

3      Incapacity for work under a savings provision

i      The appeal concerned an exemption from a rent restriction and turned on                 R(H) 3/06
whether the claimant was incapable of work under the pre-1996 version of reg. 11(3)(b)
of the HB (General) Regs. 1987. This continued to apply to her claim as a result of the
savings provision in reg. 10 of the HB (General) Amendment Regs. 1995. The
Commissioner decided that incapacity for work had to be determined by reference to
the present law rather than that in force before the 1995 reforms and that the decision
on incapacity fell to be determined by the Secretary of State rather than the DM. An
appeal lay against a determination embodied in the HB decision or against any
determination on incapacity made in the context of a SS decision.

4      Meaning of “exempt accommodation” under a savings provision

i      The appeal concerned an exemption from a rent restriction under the savings             R(H) 3/07
provision in reg. 10 of the HB (General) Amendment Regs. 1995. The issue was whether
the care provider was acting on the landlord’s behalf in providing housing related
support so as to income within the definition of “exempt accommodation” in reg. 10(6).
The Commissioner decided that it could not be said that the care provider was acting
on the landlord’s behalf in the absence of a contractual or statutory obligation on the
part of the landlord to provide the care, support and supervision. The provider would
not be acting on behalf of the landlord even if in practice the landlord would wish to
take steps to ensure such provision. The care must be provided either by the landlord
or by a person acting in some sense for him and it is not sufficient that the provision
of care benefits the landlord.

ii     The appeal concerned an exemption from a rent restriction under the savings             R(H) 7/07
provision in reg. 10 of the HB (General) Amendment Regs. 1995. The issue was whether
the landlord had to be the main provider of care, support or supervision in order for the
accommodation to come within the definition of “exempt accommodation” in reg.
10(6). The Commissioner decided that it was wrong to read this requirement into the
provision. Furthermore the care, support or supervision did not have to be provided
pursuant to a contractual or statutory obligation on the part of the landlord. However
the care, support or supervision must be more than minimal.

iii    The appeal concerned an exemption from a rent restriction under the saving              R(H) 6/08
provision in reg. 10 of the HB (General) Amendment Regs. 1995. Reg. 10(6) defines
exempt accommodation as including accommodation provided by certain bodies
where the landlord or a person acting on its behalf also provides the claimant with care,
support or supervision. It was argued on behalf of the claimants that that provision
applied where the person providing support acted on behalf of the landlord in any
respect, not necessarily in providing support. The Commissioner decided that the
tribunal had been correct in construing reg. 10(6) as limiting the saving provision to
cases where the support provider was acting on behalf of the landlord in providing
support.

iv      The claimant, a Polish national, came to the UK in 2004. She initially worked          R(IS) 3/09
but gave birth to a child in August 2005 and subsequently claimed IS; having separated
from the child’s father, a French student. The claim was refused because she did not
have a right to reside. This was overturned on appeal, the tribunal finding that she had
a right to reside as the parent and primary carer of a child of an EU student with a right
to reside in the UK. The tribunal decision was set aside by a Commissioner who found
the claimant had not shown that the father was a student at the relevant time, or that
the child was dependent on him. Dismissing a further appeal, the CA held that the
Commissioner’s decision was in accord with the evidence before him, that it was for
the claimant to provide the necessary information in this case, and that the Commissioner
was entitled to proceed on the basis that claimant’s counsel had supplied him with all
the information relevant to the appeal. The Court further held that the Commissioner
had considered the proportionality of finding that the child did not have a right to
reside and, having rejected this argument, it was thus unnecessary to consider whether
the claimant would have an indirect right to reside as primary carer.
Supplement 69 [8/2009]

32.4.4-6
R(H) 4/09        v      The appeal concerned an exemption from a rent restriction under the saving
                 provision in reg. 10 of the HB (General) Amendment Regs. 1995. Reg. 10(6) defines
                 exempt accommodation as including accommodation provided by certain bodies
                 where the landlord or a person acting on its behalf also provides the claimant with care,
                 support or supervision. The Commissioner decided that the provision of support
                 involves the landlord doing more than exercising ordinary property management
                 functions, implies a degree of continuity and connotes the giving of advice and
                 assistance in coping with the practicalities of everyday life.

                 5       Meaning of “long tenancy”

R(H) 2/07        i       The appeal concerned the meaning of “long tenancy” in reg. 10(2)(a) of the HB
                 (General) Regs. 1987. The issue was whether the tenancy agreement which was stated
                 to be for a term of 25 years amounted to a long tenancy. The Comnmissioner confirmed
                 the tribunal’s decision that it was not. He held that DM’s, tribunals and Commissioners
                 cannot form conclusions as to whether an agreement not made by deed is specifically
                 enforceable. The provisions on long tenancies are designed to set a dividing line
                 between claimants who are not in economic terms the owners of the property they
                 occupy and those who are. The IS regime applied to owners is not intended to be applied
                 to claimants unless they hold a long term interest of a sort which typically has a capital
                 value. The reference in reg. 10(2)(a) to a “tenancy granted” is to a tenancy granted at
                 common law and does not include an agreement to grant such a tenancy, even if
                 enforceable in equity.

                 6       Right to reside

R(IS) 8/07       i       In both cases the claimants were EEA nationals who had entered the UK, and then
                 claimed income related benefits (IS, HB, and SPC) after 1.5.04. Neither was a worker
                 or otherwise economically self-sufficient at the relevant time. The claims were rejected
                 on grounds that the claimants were not habitually resident, because they did not have
                 a right to reside in the UK. The decisions were eventually appealed to the CA, who held
                 that simply being lawfully present did not equate to having a right to reside under UK
                 law, for which it is necessary to be a “qualified person”: and that was not inconsistent
                 with the UK’s obligations under ECSMA or the European Social Charter. The Court
                 concluded that Art. 18 of the Treaty does not create a right of residence for an EEA
                 national in another member state where the limitations imposed under Directive 90/
                 364/EEC are not satisfied. Where a person has no right of residence under either the
                 Treaty or domestic legislation, there was no question of discrimination under Art. 12
                 (discrimination on grounds of nationality).

R(PC) 2/07       ii     The claimant was awarded MIG (and then SPC) from January 2003, but this was
                 subsequently disallowed in April 2006 when it was found that she was subject to a
                 sponsorship agreement, signed in November 2002. The claimant appealed and produced
                 evidence, including a British passport and naturalisation certificate, showing that she
                 had become a British citizen in 2004. Despite this, the tribunal upheld the disallowance.
                 The Commissioner held that all British citizens have a right of abode in the UK and
                 a British citizen can never be regarded as a sponsored immigrant or barred for that
                 reason from public funds.

R(IS) 6/08       iii     The claimant a Norwegian national with four children, came to the UK in 2003
                 to live with her elderly father, who had himself claimed asylum. Her father became a
                 naturalised British Citizen in 2004 and she then claimed IS mentioning that she had
                 to care for her father. The claim was disallowed because she did not have a right to
                 reside, and that was subsequently upheld by an AT. Confirming that the claimant did
                 not have a right to reside as her father’s carer, the Commissioner then considered
                 whether she might, alternatively, have such a right as a dependant of her father.
                 However, the Commissioner held that the claimant had no right of residence as a
                 dependant under the Immigration (EEA) Regs. 2000 because her father’s right of
                 residence was only by virtue of domestic legislation rather than under European
                 Community law.
                                                                                    Supplement 69 [8/2009]
                                                                                              32.5.7-8

7      Meaning of “resident” for CTB purposes

i      The appeal concerned two contiguous self-contained flats both of which the           R(H) 3/08
claimant occupied with his nine children. The flats were valued as separate hereditaments
for council tax purposes. The question was whether a person could be resident in both
properties for CTB purposes. The Commissioner decided that as the claimant was liable
for council tax on both flats as a resident he qualified for CTB on both as a resident.

8      Meaning of “houseboat”

i      The claimant was living on a canal narrow boat. It was fitted out for permanent      R(H) 9/08
residence but was registered as a leisure craft and had only a cruising licence. the
question was whether this was a houseboat for the purposes of reg. 10(1)(f) of the HB
(General) Regs. 1987. The Commissioner decided that the term “houseboat” was an
ordinary English word without a technical meaning. The tribunal had erred in relying
on the lack of a licence for residential mooring when deciding that there was no
entitlement. It was a matter of fact in an individual case and here the claimant was
entitled.
                                                                                    Supplement 69 [8/2009]

                                                                                               32.7.1-3


                Part 7: Capital and income - general

1      Expenses of self-employed earners

i      The claimant was in receipt of HB and CTB for a period of about a year. The LA       R(H) 5/07
decided that part of the benefit had been overpaid and the claimant appealed against
this decision. The appeal concerned the expenses that were deductible from the
claimant’s self-employed earnings when calculating the net profit of the business in
accordance with HB (General) Regs. 1987, reg 31 as “wholly and exclusively
incurred....for the purpose of the business”. The tribunal allowed the claimant’s appeal
and directed the LA to recalculate the claimant’s entitlement, however the claimant
appealed to the Commissioner stating that aspects of the tribunal’s decision were
wrong and that additional amounts of expenditure should have been held deductible.
In particular the claimant stated that an apportioned amount of repayments for interest
and capital on the loan for purchase of a replacement car should be deductible. The
Commissioner allowed the appeal; and held that in determining whether any and if so
what, part of the loan interest repayments for the car were expenses “wholly and
exclusively incurred...” the principle of apportionment adopted in R(FC) 1/91 applied.
The apportionment should be in accordance with the amount of business mileage as
a percentage of the total mileage in the assessment period in which the interest was paid
and this same principle of apportionment applied to the capital repayments as to the
interest payments. The Commissioner substituted his own decision setting out the
further deductions to be made.

2      Self-employed earners - calculation of income

i      The claimant was awarded CTB based on his income from self-employment and            R(H) 5/08
his wife’s part-time earnings. His business was making a loss during the relevant period
and he disagreed with the income figure used in the calculation arguing that the loss
from his self-employment should be deducted from his wife’s earnings. The tribunal
upheld the council’s decision so the claimant appealed to the Commissioner. Reg.
22(10) of the CTB (General) Regs. 1992 prevents offsetting of losses from a claimants
self-employed business against any other employment in which he is engaged. The
claimant argued this reg. did not apply because although his wife’s earnings were to
be treated as his under s136 of the SS Contributions and Benefits Act 1992, this did
not require that he be treated as engaged in the employment undertaken by his wife and
reg. 22(10) only applied where the claimant is engaged in two or more employments.
The Commissioner dismissed the appeal and held that whilst reg. 22(10) did not in
terms prevent offsetting against his wife’s income, it did allow only for net profit to
be taken into account when calculating self-employed income, in regs. 22(1) and (3)
and made no provision for a loss to be treated as anything other than nil. This meant
that there was no figure to offset against his wife’s earnings.

3     Whether gross income means Incapacity Benefit actually received or the
notional rate

i       The claimant was in receipt of an occupational pension and IB reduced from the      R(H) 2/09
full rate to take into account the occupational pension in accordance with s. 30DD of
the SS Contributions and Benefits Act 1992 (the 1992 Act). In dealing with his claim
for CTB the LA had taken into account the amount of IB actually paid, but on 22 May
2007 reassessed his entitlement back to April 2004 using the standard rate of IB
payable rather than the actual amount paid to the claimant following the s. 30DD
reduction, relying on reg. 30(5) of the Council Tax Benefit Regs. which provides that
“where payment of any benefit … is subject to any deduction by way of recovery the
amount to be taken into account … shall be the gross amount payable”. On appeal to
the Commissioner it was held that reg. 30(5) did not apply on the facts of the case. The
claimant’s IB was not “subject to any deduction by way of recovery” but subject to a
reduction by virtue of the operation to s. 30DD of the 1992 Act: no amount was being
“recovered” from his benefit entitlement (para. 16). The correct approach was to assess
Supplement 69 [8/2009]

32.7.3

                 the claimant’s income based on (a) his gross occupational pension payments (see R(IB)
                 3/05), (b) the actuall rate of IB in payment after any reduction under s. 30DD and (c)
                 any other relevant income. (See also R(IB) 3/05 2.1.1ii).
                                                                             Supplement 69 [8/2009]
                                          APPENDIX 2

                                              Part 1


                                                                                      Judicially
                                       High Court etc. decisions                     considered
                                                                                        in
                                                A

Lewis Case, sub nom. R. v. Ebbw Vale/Merthyr Tydfil Supplementary Benefit            R(FIS) 2/82
Appeal Tribunal [1980] SB 35; [1982] 1 WLR 420                                       R(FIS) 1/85
                                                                                     R(FIS) 1/86
                                                                                     R(IS) 15/01

Loveday, ex p. R. v. Secretary of State for Social Services, reported in The Times           —
19.2.83 and relevant extract appended to R(M) 5/86

Lowe’s Case - see under Lowe and another v. The Insurance Officer in B below

McCaffrey’s Case - see under Insurance Officer v. McCaffrey in B below

McMenemy, ex p. R. v. NI Commissioner - R(S) 2/69 Appendix, DC                       R(S)   1/69
                                                                                     R(S)   4/74
                                                                                     R(S)   1/77
                                                                                     R(S)   4/80

Maiden, ex p. R. v. NI Commissioner [1972] 13 KIR 506, DC; R(I) 1/73 Appendix 2              —

Mellors, ex p. R. v. NI Commissioner [1971] 2 QB 401; [1971] 2 WLR 593;              R(I) 4/77
sub nom. R. v. II Commissioner, ex p. Mellors [1971] 1 All ER 740; 10 KIR 109,       R(I) 3/83
CA; affirming [1970] 2 WLR 1208; [1970] 2 All ER 270; 8 KIR 1094, DC;
R(I) 7/69 Appendix

Menear, ex p. R v. Penwith District Council [1992] 24 HLR 115                        R(H) 9/04

Michael, ex p. R. v. NI Commissioner [1977] 1 WLR 109; [1977] 2 All ER 420,          R(I) 5/77
CA; affirming [1976] ICR 90; [1976] 1 All ER 566, DC; R(I) 5/75 Appendix             R(I) 4/79
and supplement                                                                       R(I) 2/80
                                                                                     R(I) 7/80
                                                                                     R(I) 10/80
                                                                                     R(I) 3/81
                                                                                     R(I) 4/81
                                                                                     R(I) 10/81
                                                                                     R(I) 1/83
                                                                                     R(I) 8/94

Miller v. Minister of Pensions (1947) 63 TLR 474                                     R(G) 2/90

Moore, ex p. R. v. Deputy II Commissioner [1965] IQB 456; [1965] 2 WLR 89;           R(I) 9/67
[1965] 1 All ER 81, CA; affirming 108 SJ 380, DC; R(I) 4/65 Appendix                 R(S) 2/70
                                                                                     R(U) 1/70
                                                                                     R(I) 13/74
                                                                                     R(U) 2/74
                                                                                     R(U) 5/77
                                                                                     R(I) 6/81
                                                                                     R(S) 4/82
                                                                                     R(F) 1/83
                                                                                     R(SB) 11/83
                                                                                     R(S) 1/87
                                                                                     R(G) 2/90
                                                                                     R(G) 1/91
                                                                                     R(IS) 5/93
                                                                                     R(DLA) 2/98
Supplement 69 [8/2009]
                                    APPENDIX 2

                                        Part 1

                                                                                  Judicially
                           High Court etc. decisions                              considered
                                                                                     in
                                      A
Moore, ex p. R. v. Preston Supplementary Benefits Appeal Tribunal [1975] 1        R(A) 5/83
WLR 624; [1975] 2 All ER 807                                                      Appx. Com-
                                                                                  missioner's
                                                                                  file CU/263/83

Morton v. Chief Adjudication Officer; R(U) 1/88 Appendix                          R(IS) 7/91

Murrell’s Case - see under Murrell v. Secretary of State for Social Services in
B below

Musgrove’s Case - see under Musgrove v. The Secretary of State for Social
Services in B below

Nancollas’s Case - see under Nancollas v. Insurance Officer in B below

Nelson’s Case - see under Chief Adjudication Officer v. Nelson in B below

Notts CC, ex p. R. v. Secretary of State for the Environment [1986] AC 240        R(SB) 10/88
                                                                                  R(IS) 26/95

N.U.M., ex p. R. v. Chief Adjudication Officer, reported in The Times of 6.2.85         —

Oliver, ex p. R. v. Supplementary Benefits Appeal Tribunal [1973] SB3             R(U) 3/88

Packer’s Case, sub nom. R. v. NI Commissioner, ex p. Secretary of State for       R(A) 1/80
Social Services [1981] 1 WLR 1017; [1981] 2 All ER 738, CA; R(A) 2/80             R(M) 1/83
Appendix R(M) 1/83                                                                R(A) 2/92
                                                                                  R(DLA) 5/05

Parkin, ex p. R. v. NI Commissioner [1972] 13 KIR 213, DC; R(I) 10/74 Appendix          —

Pearson’s Case - see under Pearson v. Secretary of State for Social Services in
B below

Presho’s Case - see under Presho v. Department of Health and Social Security
(Insurance Officer) in B below

Punton’s Case - see under Punton v. Minister of Pensions and National Insurance
in B below

Punton’s Case (No. 2) - see under Punton v. Minister of Pensions and National
Insurance (No. 2) in B below

Purdy Case, see under Purdy v. Secretary of State for Social Services             R(IB) 3/02

The Queen v. Social Security Commissioner ex parte Javad Akbar (1991) 135         R(S) 1/96
S.J.L.B. 214; [1992] C.O.D. 245.

R v. Immigration Appeal Tribunal, ex parte Antonissen (case C-292/89) [1991]      R(IS) 8/08
ECR 1-745

R v. Manchester City Council ex p. Stennet [2002] UKHL 34, [2002]                 R(IS) 5/08

R v. South Ribble Borough Council ex p. Hamilton [2001] 33 HLR 9                  R(CS) 2/09

Redgewell’s Case, sub nom. R. v. NI Commissioner, ex p. Department of Health      R(S) 4/82
and Social Security [1973] 112 SJ 812, DC;                                        R(S) 1/79
                                                                                  Appendix
                                    APPENDIX 2                               Supplement 69 [8/2009]

                                       Part 1

                                                                                     Judicially
                            High Court etc. decisions                               considered
                                                                                       in
                                     B
Chief Supplementary Benefits Officer v. A. J. Leary (personal representative of             —
Timothy Leary) [1985] 1 WLR 84 CA; [1985] 1 All ER 1061; R(SB) 6/85
Appendix

Chief Supplementary Benefits Officer v. Mandalia                                     R(SB) 53/83
                                                                                     Appx.

Chief Supplementary Benefits Officer v. Whitelam                                     R(SB) 7/81
(issued separately from the Commissioner’s decision, on 20.3.84)                     Appx.

Cocks v. Thanet District Council [1983] 2 AC 286                                     R(SB) 10/88

Cooke v. Secretary of State for Social Security [2001] EWCA Civ 734                  R(DLA) 6/01
                                                                                     R(IB) 6/05

Cooke v. Secretary of State for Social Security [2001] EWCA Civ 734 [2062]
3 All ER 279                                                                         R(DLA) 2/07

Costello v. Costello (CA)                                                            R(IS) 1/97

Crake v. Supplementary Benefits Commission [1982] 1 All ER 498; [1980]               R(G) 3/81
SB 38                                                                                R(SB) 17/81
                                                                                     R(SB) 5/82
                                                                                     R(SB) 11/82
                                                                                     R(U) 1/83
                                                                                     R(SB) 19/85
                                                                                     R(SB) 35/85

Crake, Butterworth v. Supplementary Benefits Commission [1982] 1 All ER 498          R(SB) 19/85

Crewe v. Anderson, see sub nom. Crewe & Ors, v. SS Commissioner

Crewe & Ors, v. SS Commissioner [1982] 1 WLR 1209; [1982] 2 All ER 745 CA;           R(U) 4/87
[1982] ICR 706; R(U) 3/81 Appendix                                                   R(P) 1/88
                                                                                     R(U) 3/91

Department of Health and Social Security v. Simpson                                  R(F) 1/85
                                                                                     Appx.

Department of Health and Social Security v. Walker Dean Walker Ltd. [1970]           R(P) 1/82
2 QB 74                                                                              R(A) 1/97

Department of Social Development v. MacGeogh [2005] NICA 28 R2/05 (CS)               R(CS) 2/09

De Silva v. Social Security Commissioner [2001] EWCA Civ 539                         R(DLA) 8/06

The Director of Public Works v. Ho Po Sang [1961] AC 901                             R(U) 1/91
                                                                                     R(A) 1/97

Drummond v. Swayne [1824] 12S 342                                                    R(IS) 17/94

William Duggan v. Chief Adjudication Officer [1988]                                  R(SB) 13/89

Eastwood v. Hagnox Electric plc [2004] UKHL 35                                       R(CR) 1/07

Edinburgh District Council v. The Secretary of State for Scotland [1985]             R(SB) 15/89
SLT 551

Edinburgh and District Tramways Ltd. v. Courtensy [1909] SC99 at 105                 R(IS) 17/94

Ekersley v. Secretary of State for the Environment [1977] 34 P&CR 124                R(M) 1/89
Supplement 69 [8/2009]
                                    APPENDIX 2

                                      Part 1

                                                                                      Judicially
                          High Court etc. decisions                                  considered
                                                                                        in
                                       B
England v. The Secretary of State for Social Services [1981] unreported              R(FIS) 3/83
                                                                                     R(SB) 28/84
                                                                                     R(FIS) 5/85
                                                                                     R(SB) 14/87

Fairgrieves v. Henderson [1885] 13 R 98                                              R(IS) 17/94

Faulker v. Chief Adjudication Officer [1994] PIQR 244                                R(I) 1/99
                                                                                     R(I) 8/94

Fernie v. Robertson [1871] 9 M 473                                                   R(IS) 17/94

Flores v. Scott [1984] 1 WLR 690                                                     R(S) 1/93

Foster (AP) v. The Chief Adjudication Officer and Another [1993] 2 WLR 292           R(IS) 26/95
[reported as R(IS) 9/93]

Fox v. Minister of Pensions [1947] 1 Chapman’s Pension Appeal Reports 459            R(I) 35/61

Fraser v. Minister of National Insurance [1947] SC 594                               R(F) 5/60
                                                                                     R(S) 1/61
                                                                                     R(F) 4/64

Freelanka Insurance Company Limited and A. E. Ranasinghe [1964] AC 541               R(U) 1/91
                                                                                     R(A) 1/97

Fulwood v. Chesterfield BC [1993] 92 LGR 160                                         R(IS) 12/96

Gaunt v. I.R.C. [1913] 3 K.B. 395                                                    R(P) 2/92

Ghaidan v. Godin-Mendoza [2004] UKHL 30 [2004] 2 AC 557                              R(PC) 1/08

D. Gledwyn Jones (Receiver) on behalf of Harold Wildfred Wilde v.                    R(A) 3/83
Insurance Officer                                                                    Appx.

Glen v. Roy 1882 10 R 239                                                            R(IS) 17/94

Global Plant Hire Ltd. v. Secretary of State for Social Security (sic) [1972] 1 QB   R(A) 1/72
139; [1971] 3 WLR 269; sub nom. Global Plant v. Secretary of State for Health        R(A) 1/75
and Social Security [1971] 3 All ER 385; sub nom. Global Plant v. Secretary of       R(I) 14/75
State for Social Services [1971] 11 KIR 284                                          R(A) 4/78
                                                                                     R(M) 3/78
                                                                                     R(A) 5/81
                                                                                     R(SB) 11/83

Goodman v. Gallant [1986] Fam 106                                                    R(IS) 26/95

Grove v. Haydon (Insurance Officer)                                                  R(F) 4/85
                                                                                     Appx.

Harrison v. The Secretary of State for Social Services [1987]                        R(M) 1/88
                                                                                     Appx.

Hoffman-La Roache & Co v. Secretary of State for Trade and Industry [1975]           R(SB) 15/89
AC 295

Holt v. IRC [1953] 2 AER 1499                                                        R(SB) 12/89

Hourigan v. Secretary of State for Work and Pensions [2002] EWCA Civ 1890,           R(IS) 5/07
[2003] 1 WLR 605
                                                                               Supplement 69 [8/2009]
                                  APPENDIX 2

                                      Part 1

                                                                                        Judicially
                          High Court etc. decisions                                    considered
                                                                                          in
                                         B

Howard v. Secretary of State [1974] 1 A11 ER 644 at 648, which is judicially           R(IS) 3/92
considered in this decision

Howker v. Secretary of State for Work and Pensions [2002] EWCA Civ 1623                R(IB) 3/03
                                                                                       R(IB) 5/05

Howker v. Secretary of State for Work and Pensions [2002] EWCA Civ 1623                R(IB) 2/07
reported as R(IB) 3/05

Hudson v. Secretary of State for Social Services – see under Jones v. Secretary
of State for Social Services

Hunt v. Chief Adjudication Officer; reported in R(S) 3/86                                     —

Imrie v. Supplementary Benefits Commission [1979] SB 27                                R(SB) 10/82

Insurance Officer v. Hemmant [1984] 1 WLR 857 CA; R(M) 2/84 Appendix                   R(M) 1/85
                                                                                       R(M) 5/86

Insurance Officer v. McCaffrey [1984] 1 WLR 1353; [1985] 1 All ER 5HL;                 R(P) 3/85
R 2/85 (NCIP) Appendix                                                                 R(S) 8/85
                                                                                       R(S) 7/85
                                                                                       R(A) 1/86
                                                                                       R(S) 1/86
                                                                                       R(SB) 6/86
                                                                                       R(M) 4/86
                                                                                       R(SB) 19/87
                                                                                       R(P) 1/88
                                                                                       R(S) 1/89
                                                                                       R(S) 2/89
                                                                                       R(G) 2/90
                                                                                       R(S) 2/91

Jefferson Ltd v. Bhetcha [1979] 1 WLR 898                                              R(IS) 4/08

Johnson v. Unisys Limited [2007] UKHL 13                                               R(CR) 1/07

Jones v. Challenger [1961] 1 QB 176 CA                                                 R(IS) 26/95

Jones v. Secretary of State for Social Services; Hudson v. Same [1972] Ac 944;         R(I) 2/73
[1972] 2 WLR 210; [1972] 1 All ER 145, HL; reversing sub nom. R. v. NI                 R(I) 2/74
Commissioner, ex p. Hudson; R. v. NI Commissioner, ex p. Jones [1970] 1 QB             R(I) 13/75
477;[1970] 2 WLR 182; 7 KIR 478 sub nom. R. v. NI Commissioner, ex p.                  R(I) 3/76
Hudson and Jones [1970] 1 All ER 97 CA; R(I) 10/68 Appendix; R(I) 3/69                 R(I) 12/80
Appendix; affirming [1969] 2 WLR 639 and 647; [1969] 2 All ER 631 and 638:             R(I) 1/81
6 KIR 123, DC; R(I) 10/68 Appendix: R(I) 3/69 Appendix                                 R(SB) 2/89
                                                                                       R(I) 1/00

Jones v. Chief Adjudication Officer [1990] IRLR 533                                    R(G) 2/91
                                                                                       R(U) 3/92

Jones v. Chief Adjudication Officer [1994] 1 WLR 62, 64C                               R(IS) 14/96
                                                                                       R(IS) 16/96

Jones (Receiver) (on behalf of H. W. Wilde) v. Insurance Officer                       R(A) 3/83
                                                                                       Appx
Supplement 69 [8/2009]

                                  APPENDIX 2

                                      Part 1

                                                                                   Judicially
                         High Court etc. decisions                                considered
                                                                                     in
                                      B
Kerr (AP) (Respondent) v. Department of Social Development (Appellant)            R(IS) 1/05
(Northern Ireland) [2004] UKHL 23 [2004] 1 WLR 1372

Kerr v. Department for Social Development [2004] UKHL 23, [2003] 1 WLR 1372       R(H) 3/05
                                                                                  R(PC) 1/07
                                                                                  R(IS) 4/08
                                                                                  R(PC) 1/09
                                                                                  R(IS) 3/09

Kerr v. Department for Social Development [2004] NICA 16 reported as R(IS) 4/01   R(DLA) 2/07

Kilburn v. The Chief Adjudication Officer; R(SB) 9/87 Appendix                    R(SB) 10/88

Konstanczwk v. The Chief Adjudication Officer, August 21, 1992, CA                R(FC) 1/97

KV Fields Properties Ltd v. Skirt ‘A’ Slack Centre of London Ltd 1987 SLT 1       R(IS) 17/94

Kynaston v. The Chief Adjudication Officer [1988]                                 R(SB) 20/87
                                                                                  Appx

Langford Property Co. Limited v. Goldrich [1949] 1 LR 511                         R(SB) 10/89

Larkin v. Minister of Pensions [1948] 3 Chapman’s Pensions Appeal Reports         R(I) 28/61
144 9                                                                             R(I) 35/61

Lawal v. Northern Spirit Ltd. [2003] UKHL 35, [2003] 1 CR 856                     R(DLA) 3/07

Lawrence Building Co. Ltd. v. Lanark County Council 1978 SC 30                    R(IS) 17/94

Lees v. Secretary of State for Social Services [1985] 1 AC 930; R(M) 1/84         R(M) 3/86
Appendix                                                                          R(M) 1/88
                                                                                  [Appx]
                                                                                  R(M) 1/89
                                                                                  R(M) 2/89
                                                                                  R(M) 1/90

Leeves v. CAO [1999] ELR 90                                                       R(IS) 6/03

Lester Commock v. Chief Adjudication Officer                                      R(SB) 6/90
                                                                                  Appx

Lloyds Bank plc v. Waterhouse [1993] 2 FLR 97; CAO v. Sherriff; Duggan v. CAO     R(IS) 4/06

Locabail (UK) Ltd. v. Bayfield Properties Limited [1999] EWCA Civ 3004            R(DLA) 3/07

Longsdon v. Minister of Pensions and National Insurance [1956] 1 QB 587           R(P) 2/60

Lowe and another v. The Adjudication Officer [1985] 1 WLR 1108; [1985] 2 All      R(FIS) 1/87
ER 903; R(FIS) 2/85 Appendix

Mann v. Malcolmson, The Beta [1865] 3 Moo PCCNS23                                 R(IS) 26/95

McCorquodale v. The Chief Adjudication Officer; R(SB) 1/88                        R(SB) 4/89

Marshall v. Southampton & South-West Hampshire Area Health Authority              R(IS) 10/91
[1986] 2 All ER 584

Master Ladies Tailors Organisation v. Minister of Labour and National Service     R(H) 1/09
[1950] 2 ALL ER 525

Merriman v. Insurance Officer; reported in R(S) 3/86                              R(U) 6/88
                                                                           Supplement 69 [8/2009]
                                   APPENDIX 2

                                       Part 1
                                                                                     Judicially
                          High Court etc. decisions                                 considered
                                                                                       in
                                   B
M’Gaw and others v. Galloway (Corkran’s Executor) 1882 10 R 157                    R(IS) 17/94

Miller v. Minister of Housing and Local Government [1968] 1 WLR 992 CA             R(IS) 5/93

Miller v. Supplementary Benefits Commission SB 39                                  R(SB) 26/84
                                                                                   Appx 1

Minister of Pensions v. Chennell [1947] KB 250                                     R(I) 11/66

Minister of Pensions v. Higham [1948] 2 KB 153                                     R(G) 3/90

Minister of Social Security v. Amalgamated Engineering Union [1967] 1 AC 725;      R(I) 3/68
[1967] 2 WLR 516; [1967] 1 All ER 210, HL; affirming sub nom. R. v. Deputy         R(I) 4/68
Industrial Injuries Commissioner, ex p. Amalgamated Engineering Union re           R(I) 5/68
Dowling [1967] 1 QB 202; [1966] 2 WLR 1301; [1966] 1 All ER 705 CA; R(I)           R(I) 10/68
16/66 Appendix                                                                     R(I) 13/68
                                                                                   R(I) 14/68
                                                                                   R(I) 1/73
                                                                                   R(I) 2/73
                                                                                   R(I) 7/73

Mongan v. Department for Social Development [2005] NICA 16 reported as             R(DLA) 2/07
R(DLA) 3/05                                                                        R(IB) 7/04
                                                                                   R(IS) 2/08
                                                                                   R(IS) 4/08

Dorothy Moran v. The Secretary of State for Social Services [1987] R(A) 1/88       R(A) 1/89
Appendix                                                                           R(A) 2/89
                                                                                   R(A) 6/89
                                                                                   R(A) 3/90
                                                                                   R(A) 6/90
                                                                                   R(A) 4/92

Morris v. The Social Security Commissioner                                         R(A) 5/83
                                                                                   Appx

Morton v. The Chief Adjudication Officer                                           R(U) 3/84
                                                                                   Appx

Moyna v. Secretary of State for Work and Pensions [2003] UKHL 44, [2003]           R(DLA) 5/05
1 WLR 1929                                                                         R(DLA) 1/08

Murdoch v. CAO, Court of Session [1993]                                            R(IS) 1/98

Murrell v. Secretary of State for Social Services                                  R(I) 3/84
                                                                                   Appx

Musgrove v. The Secretary of State for Social Services                             R(SB) 6/85
                                                                                   Appx

Nancollas v. Insurance officer [1985] 1 All ER 833 CA; R(I) 7/85 Appendix;         R(U) 9/88
see also White v. Chief Adjudication Officer [1986] 2 All ER 905 CA at p.910;      R(I) 1/88
R(SB) 8/85 Appendix                                                                R(I) 1/99
                                                                                   R(IS) 8/94

Nessa v. CAO and Anor. (HL)                                                        R(IS) 2/00
                                                                                   R(JSA) 3/06

Newstead v. Department of Transport [1988] 1 WLR 612                               R(IS) 10/91

O’Connor v. Chief Adjudication Officer and Another, [1999] ELR 209                 R(IS) 7/99
                                                                                   R(IS) 8/99
                                                                                   R(IS) 1/00
                                                                                   R(JSA) 2/02

The Ophelia, in the Prize Court [1915] P and in the Privy Council [1916] 2 AC            —
Supplement 69 [8/2009]
                                      APPENDIX 2

                                         Part 1
                                                                                      Judicially
                           High Court etc. decisions                                 considered
                                                                                        in
                                      B
Page and Davis v. Chief Adjudication Officer (CA, 24 June 1991)                      R(IS) 14/96

Parsons v. Hogg [1985] 2 All ER 897, CA                                              R(CS) 2/96

Samuel Ernest Claud Pearce v. Chief Adjudication Officer                             R(SB) 11/91

Pearson v. IRC [1981] AC 775                                                         R(IS) 26/95

Pearson v. Secretary of State for Social Services [1983] SLT 73                      R(IS) 11/83
                                                                                     R(A) 1/86
                                                                                     R(SB) 19/87

Perrott v. Supplementary Benefits Commission [1980] 1 WLR 1153                       R(FIS) 1/86
                                                                                     R(IS) 22/95

Perry v. Adjudication Officer                                                        R(IB) 4/04

Pettitt v. Pettitt [1970] AC 777                                                     R(IS) 26/95

Plewa v. Chief Adjudication Officer [1995] AC 249                                    R(SB) 1/96
                                                                                     R(H) 3/09

Plummer and Anor. v. Chief Adjudication Officer                                      R(I) 2/99
                                                                                     Appx

Plymouth City Council v. Quietlynn Ltd [1987] 2 AER 1040                             R(SB) 15/89

Porter v. Magill [2001] UKHL 67, [2002] 2 AC 357                                     R(DLA) 3/07

Presho v. Department of Health and Social Security (Insurance Officer) [1984] 2      R(SB) 38/85
WLR 29; [1984] 1 All ER 97 HL(E); [1984] AC 310; R(U) 1/84 Appendix                  R(U) 5/86
                                                                                     R(U) 9/88
                                                                                     R(IS) 26/95

Price v. Chief Adjudication Officer                                                  R(SB) 36/85
                                                                                     Appx

Privy Council in Yew Bon Tew v. Kenderaan Bas Mara [1983] 1 AC 553                   R(P) 2/95


Punton v. Minister of Pensions and National Insurance [1963] 1 WLR 186;              R(U) 14/64
[1963] 1 All ER 275 CA (jurisdictional point)

Punton v. Minister of Pensions and National Insurance (No.2) [1964] 1 WLR 226;       R(U) 14/64
[1964] 1 All ER 448; CA; affirming [1963] 1 WLR 1176; [1963] 2 All ER 693            R(U) 3/69
                                                                                     R(U) 8/80
                                                                                     R(SB) 10/88

Purdy v. Secretary of State for Social Services [2000]                               R(IB) 3/02

Quietlynn v. Plymouth County Council [1983] AC 286

R (Sier) v. Cambridge CC [2001] EWCA Civ 1523                                        R(H) 1/04
                                                                                     R(H) 2/04

R. v. Bolton Supplementary Benefits Appeal Tribunal, ex p. Fordham - see under
‘Fordham, ex p.’ in A above

R. v. Chief Adjudication Officer, ex p. Nicholas Bland - see under ‘Nicholas
Bland, ex p.’ in A above

R. v.                              , ex p. N.U.M. - see under ‘N.U.M., ex p.’ in A
above

R. v.                              , ex p. T.U.C. - see under ‘T.U.C., ex p.’ in A
above

R. v. Chief NI Commissioner, ex p. Connor - see under ‘Connor, ex p.’ in A
above
                                    APPENDIX 2                                 Supplement 69 [8/2009]

                                        Part 1
                                                                                       Judicially
                              High Court etc. decisions                                considered
                                                                                          in

                                        B
Rydquist v. Secretary of State for Work and Pensions [2002] EWCA Civ 947              R(H) 2/06
[20-02] 1 WLR 3343

Rye v. Rye [1962] AC 496                                                              R(IS) 14/98

Safford v. Safford [1994]                                                             R(IS) 20/95

Saker v. Secretary of State for Social Services [1988]                                —

Sampson v. Supplementary Benefits Commission [1979]                                   R(I) 2/88

Scottish Old People’s Welfare Council v. Chief Adjudication Officer                   R(SB) 12/88
                                                                                      R(SB) 9/86
                                                                                      Appx.

Secretary of State v. Hagan                                                           R(I) 2/02

Secretary of State and Anor. v. Harmon and others [1998] 2 FLR 598                    R(CS) 4/99

Secretary of State for Health v. Norton Healthcare Limited                            R(IS) 4/08
[2003] EWHC 1905 (Ch)

Secretary of State for Social Security and another v. Harmon, Carter and Cocks        R(CS) 2/09
[1991] 1 WLR 163 R(CS) 4/99

Secretary of State for Social Security v. Henderson [1999] 1 FLR 496                  R(CS) 5/99

Secretary of State for Social Security v. Tunnicliffe [1991] 2 All ER 7124            R(P) 2/95

Secretary of State for Social Services v. Cotton [1988] The Times, 14 December        —

Secretary of State for Social Services v. Elkington [1987]                            R(SB) 12/88

Secretary of State for Social Services v. Joan Smith and another [1983] 1 WLR         R(G) 4/83
1110; [1983] 2 All ER 173, CA                                                         Appx.


Secretary of State for Social Services v. Solly [1974] 3 All ER 922, CA               R(SB) 21/82
                                                                                      R(SB) 28/83
                                                                                      R(SB) 1/96
                                                                                      R(IS) 6/01

Secretary of State for Social Services v. Williams [1981] unreported                  R(FIS) 1/81
                                                                                      R(SB) 20/81

Secretary of State for Work and Pensions v. Bobezeo [2005]                            R(IS) 6/05
EWCA Civ 111

Secretary of State for Work and Pensions v. Chiltern District Council [2003]          R(H) 3/04
EWCA Civ 508                                                                          R(H) 6/06

Secretary of State for Work and Pensions v. Ferguson [2003]                           R(JSA) 2/04
EWCA Civ 536

Secretary of State for Work and Pensions v. Nelligan [2003] EWCA Civ 555              R(P) 2/03
                                                                                      R(P) 1/05

Secretary of State for Work and Pensions v. Robinson and City of Sunderland           R(H) 4/04

Secretary of State for Work and Pensions v. Westgate [2006] EWCA Civ 725              R(I) 1/06

Secretary of State for Work and Pensions v. Whalley [2003] EWCA Civ 166               R(I) 2/03
                                                                                      R(I) 2/04
Supplement 69 [8/2009]               APPENDIX 2

                                        Part 1

                                                                                  Judicially
                           High Court etc. decisions                             considered
                                                                                    in
                                        B
Re Sharp [1981] 1 WLR 219                                                        R(IS) 1/97

Shah v. Secretary of State [2002] EWCA Civ R (on the application of Begum)       R(IS) 8/05
v. Social Security Commissioner [2003] EWHC 3380

Shaukat Ali v. Chief Adjudication Officer                                        R(U) 1/85
                                                                                 Appx.

Shetland Island’s Council v. BP Petroleum Development Ltd. [1990] SLT 82         R(IS) 17/94

John Michael Smith v. The Insurance Officer                                      R(I) 3/85
                                                                                 Appx.


Stanley, in re Browning v. National Insurance Commissioner [1984] 3 CMLR         R(P) 2/84
192

Stevens v. Johnson: Court of Appeal, heard on 23.11.84; unreported, but see      R(S) 1/86
Commissioners’ file CS/149/1981

Stott v. Radcliffe [1982] 126 SJ 310 (CA)                                        R(IS) 26/95

Supplementary Benefits Officer v. Howell                                         R(SB) 21/84
                                                                                 Appx.
                                                                                 R(SB) 37/84

David Edward Thomas v. The Chief Adjudication Officer                            R(SB) 17/87
                                                                                 Appx.
                                                                                 R(IS) 15/96

Tucker v. Secretary of State for Work and Pensions [2001] EWCA Civ 1646          R(H) 5/06

Turnbull v. Brian [1908] SC 313                                                  R(IS) 17/94

Ungurian v. Lesnoff [1989] 1 WLR 840                                             R(IS) 1/97

V v. C [2001] EWCA Civ 1509, [2002] CP Rep. 8                                    R(IS) 4/08

Varney (Scotland) Ltd v. Lanark Town Council [1974] SC 245                       R(IS) 17/94

Wakefield v. Secretary of State for Social Security and Anor.                    R(CS) 2/00

Wakefield and Barnsley Union Bank Limited v. Yates [1916] 1 Ch. 452              R(IS) 26/95

Watt v. The Lord Advocate [1979] SLT 137                                         R(U) 6/78
                                                                                 Appx.
                                                                                 R(U) 8/80

Westminster City Council v. Haywood [1998] Ch. 377                               R(JSA) 1/01

Westwood v. The Secretary of State for Employment [1983] 3 WLR 730 CA;           R(U) 1/01

[1984] 2 WLR 418 HL; [1984] 1 All ER 874 HL

White v. CAO [1993]                                                              R(IS) 18/94

White v. Chief Adjudication Officer [1986] 2 All ER 905 CA; R(S) 8/85            —
Appendix                                                                         R(IS) 6/07

Wilson v. Patterson [1826] 4 S 817                                               R(IS) 17/94

Woodling, in re. Woodling v. The Secretary of State for Social Services [1984]   R(A) 2/80
1 WLR 348; [1984] 1 ALL ER 593 HL                                                Appx.
                                                                                Supplement 69 [8/2009]
                                   APPENDIX 2

                                       Part 2
 Court decisions (other than those listed in Parts 1 and 3) judicially considered in
                             Commissioners' decisions
                                                                                        Judicially
                                    Decision                                           considered
                                                                                          in

AB v. CD [1975] SC 415                                                                 R(G) 2/82

Abdul Halim Khan v. Ali Khan, IR 59, Indian Appeals, 202                               R(F) 3/73

Abley v. Dale [1851] 11 CB 378                                                         R(SB) 41/84

Abram Coal Co Ltd v. Southern [1903] AC 306                                            R(F) 6/60

Acrow Engineers v. Hatherway [1981] 1. C.R. 510, EAT                                   R(P) 3/89

Adler v. George [1964] 2 QB 7, [1964] 2 WLR 542                                        R(CS) 3/09

AG v. Ashton Gas Co. [1904] 2 Ch. 621; affirmed at 626 ibid, CA and see also in        R(SB) 3/56
HL, sub nom. Ashton Gas Co v. AC [1906] AC 10

AG of Ontario v. Mercer 8 App. Cas. 767                                                R(SB) 3/86

Agricultural (etc) Training Board v. Aylesbury Mushrooms Ltd [1972] 1 WLR              R(SB) 26/84
190                                                                                    Appx 1

AG v. Winstanley [1831] 2 D & C1.302                                                   R(SB) 3/86

Ahluwali [1979-80] Imm ARI                                                             R(SB) 25/85

Aimes v. Inner London Education Authority [1977] 2 All ER 100                          R(S) 1/78
                                                                                       R(G) 1/88

Ajayi Emmanuel Ayodeje, v. R. T. Brisco (Nigeria) Ltd [1964] 3 All ER 556 at           R(P) 1/80
559F, DC

Albion Shipping Agency v. Arnold Browne                                                R(G) 1/88

Alderman v. Great Western Railway Co [1937] AC 454; [1937] 2 All ER 408;               R(I) 8/51
30 BWCC 64                                                                             R(I) 9/51
                                                                                       R(I) 22/54
                                                                                       R(I) 3/71
                                                                                       R(I) 12/74
                                                                                       R(I) 12/75

Alexander Machinery [Dudley] Ltd v. Crabtree [1974] 1 CR 120                           R(SB) 11/82
                                                                                       R(I) 4/02

AMEC Capital Projects Limited v. Whitefriars City                                      R(IS) 1/09
Estate Limited [2004] EWCA Civ 1418, [2005] 1 All ER 723)

Ali Nawaz Gardezi v. Yusuv PLD [1963] Supreme Court 51                                 R(G) 4/74
                                                                                       R(G) 5/74

Amicable Society v. Bolland [1830] 4 Bligh N.S. 194                                    R(P) 1/88

Amys v. Barton [1912] 1 KB 40; 5 BWCC 117, CA                                          R(I) 10/57

Andrew v. Andrew & Mears [1903] 2 KB 567, 1 BWCC 264                                   R(I) 6/63

Andrew v. Failsworth Industrial Society [1904] 2 KB 32; 6 BWCC 11                      R(I) 12/56
Supplement 69 [8/2009]
                                    APPENDIX 2

                                       Part 2

                                                                                Judicially
                                      Decision                                 considered
                                                                                  in

Anisminic v. Foreign Compensation Commission [1969] 2 A.C. 147                 R(G) 2/93

Annesley, re Davidson v. Annesley [1926] Ch. 692                               R(I) 1/57

Anstruther-Gough-Calthorpe v. McOscar [1924] 1 KB 716                          R(SB) 4/84

Anufrijeva v. London Borough of Southwark [2003] EWCA Civ 1406                 R(IS) 7/07

Apt v. Apt [1947] P. 127                                                       R(G) 3/75
                                                                               R(G) 3/74

Armstrong, Whitworth & Co Ltd v. Redford [1920] AC 757; 13 BWCC 68             R(I) 11/53
                                                                               R(I) 9/59
                                                                               R(I) 17/60
                                                                               R(I) 5/75
                                                                               R(I) 6/76
                                                                               R(I) 4/79

A/S Cathrineholm v. Norequipment Trading Ltd [1972] 2 QB 314                   R(SB) 55/83

Atherton v. British Insulated and Helsby Cables Limited [1926] AC 205          R(CS) 4/08

Atkin v. Acton [1830] 4 C and P. 280; 172 ER 673                               R(U) 1/71

Attorney General v. Lamplough [1878] 3 Ex D214                                 R(U) 5/86

Attorney General v. Mullholland [1963] 2 QB 477                                R(F) 1/83

Attorney General v. South Wales Electrical Power Distribution Co. [1920]       R(SB) 3/87
KB 522

Attorney General v. Vernazza [1960] AC 965 at 978; [1960] 3 All ER 97 at 101   R(G) 9/62

Attwood v. Lamont [1920] 3 KB 571                                              R(S) 1/81

Australia, The [1927] AC 145                                                   R(I) 14/51

Baden’s Deed Trust [1971] AC 424                                               R(SB) 25/83

Baily v. Machine Products, Ltd [1948] 41 BWCC 82                               CI 438/50

Baindal v. Baindal [1946] P. 122; [1946] 1 All ER 342                          R(G) 6/51
                                                                               R(G) 18/52

Bairner v. Fells [1931] SC 674                                                 R(P) 1/51
                                                                               R(G) 2/81

Ball v. Hunt (William) & Sons, Ltd [1912] AC 496; 5 BWCC 459                   CWI 20/49
                                                                               R(I) 15/75

Balshaw v. Kelly [1967] SC 63                                                  R(G) 1/85

Barber v. Manchester Regional Hospital Board [1958] 1 All ER 322               R(U) 2/84

Barclays Bank Ltd. v. Quistclose Investments Ltd. [1970] AC 567                R(SB) 53/83

Barnes v. Nunnery Colliery Co Ltd [1912] AC 44                                 R(I) 2/63
                                                                           Supplement 69 [8/2009]
                                APPENDIX 2

                                      Part 2

                                                                                   Judicially
                                 Decision                                         considered
                                                                                      in

Lawrence v. Matthews (George) (1924) Ltd [1929] 1 KB 1; 21 BWCC 345                CI 3/49
                                                                                   R(I) 41/51
                                                                                   R(I) 75/54
                                                                                   R(I) 7/60
                                                                                   R(I) 13/60
                                                                                   R(I) 27/60
                                                                                   R(I) 16/61

Lee v. Breckman (S. and I.) & Co [1928] 21 BWCC 32                                 R(I) 41/51

Leedale (Inspector of Taxes) v. Lewes [1892] 1 WLR 1319                            R(SB) 25/83

Leeves v. Chief Adjudication Officer [1999] ELR 90                                 R(IS) 4/02

Lennard v. International Institute for Medical Science, Times Law Report           R(SB) 13/86
29.4.85                                                                            R(S) 1/87

Lennon v. Gibson and Howes Ltd [1919] AC 709 at 714                                R(SB) 28/84
                                                                                   R(IS) 11/91

Leper v. Immigration Officer, Folkestone                                           R(SB) 2/85

Lepre v. Lepre [1965] P. 52                                                        R(G) 1/85

Lester v. Garland [1808] 15 Ves 248                                                R(S) 9/52

Levene v. Commissioners of Inland Revenue [1928] AC 217                            R(G) 2/51
                                                                                   R(F) 1/62
                                                                                   R(M) 1/85
                                                                                   R(P) 2/67
                                                                                   R(P) 1/72
                                                                                   R(P) 1/78

Lewis v. Guest, Keen and Nettlefolds Ltd [1927] 20 BWCC 359 at 385                 R(I) 14/62
                                                                                   R(P) 1/72

Lewis v. Lewis [1956] 1 All ER 375                                                 R(F) 1/62
                                                                                   R(P) 1/72
                                                                                   R(P) 1/85

Lewis v. Wrexham and Acton Collieries Ltd [1916] 9 BWCC 581, CA                    R(I) 6/80

Littlewood Stores Ltd v. IRC [1969] I.W.L.R. 1241                                  R(SB) 9/89

L’Office Cherifien des Phosphates v. Yamashita - Shinnihon Steamship Co Ltd        R(H) 1/09
[1994] 1 AC 486

London and Clydeside Estates Ltd v. Aberdeen District Council [1979] 3 All         R(SB) 26/84
ER 876 (HL)                                                                        App 1

London and Clydeside Estates Ltd v. Aberdeen District Council and Anor [1980] R(S) 13/81
1 WLR 182

London County Council v. Birmingham Corporation [1924] 1 KB 248                    R(S) 3/55
Supplement 69 [8/2009]
                                  APPENDIX 2

                                     Part 2

                                                                                 Judicially
                                   Decision                                     considered
                                                                                    in


L. & N.E.R. Company v. Brentnall [1933] AC 489                                  R(I) 9/59

Loustalan v. Loustalan [1900] P. 211 at 237                                     R(P) 1/57

Low v. Gorman [1970] SLT 356                                                    R(G) 1/71
                                                                                R(P) 2/82

Lowrie v. Mercer [1840] 2 D 961                                                 R(G) 1/55

Lubbersen v. Secretary of State for the Home Department                         R(SB) 2/85

Lucas v. Postmaster-General [1939] 3 All ER 600; 32 BWCC 173                    CI   49/49
                                                                                CI   70/49
                                                                                CI   17/50
                                                                                CI   228/50

Luck’s Settlement Trusts, in re [1904] Ch. 864                                  R(F) 1/65

Luke v. Inland Revenue Commissioners [1963] AC 557 at 576                       R(I) 2/93

Lumley v. Wagner 1 De G M & G 607                                               R(SB) 34/83

Lurcott v. Wakeley [1911] 1 KB 905                                              R(SB) 4/84

Lye v. British and Argentine Meat Co (1923) Ltd [1927] 20 BWCC 341              CI 33/50
                                                                                R(I) 24/53
                                                                                R(I) 14/81

Lysons v. Knowles [1901] AC 79                                                  R(I) 15/75

M’Auley and Anor v. James Dunlop Co Ltd [1926] AC 377                           R(I) 1/66

McCann v. Scottish Co-operative Laundry Association Ltd [1936] All ER 475: 29   R(I) 29/51
BWCC 1 HL (Sc.)                                                                 R(I) 33/55
                                                                                R(I) 14/62

McCarroll v. McKinstery [1926] SC 1                                             R(I) 47/59

McClelland v. Northern Ireland General Health Services Board [1957] 1 WLR 564   R(U) 7/85

Macdonald v. Refuge Assurance Co Ltd [1890] 17 R 955                            R(I) 47/59

‘M’Kendry’s Case’ - see Wright and Greig Ltd v. M’Kendry

Mackenzie, re [1941] 1 Ch. 69 at 76-77                                          R(F) 1/62

Mackinlay v. Arthur Young & Co [1990] AC 239                                    R(P) 2/92

Mackle v. Mackle [1984] SLT 276                                                 R(G) 1/85
                                                                           Supplement 69 [8/2009]
                                 APPENDIX 2

                                     Part 2


                                                                                   Judicially
                                   Decision                                       considered
                                                                                      in

Vinelott J [1986] W.L.R 1468                                                      R(P) 2/92

Von Lorang v. The Administrator of Austrian Property [1926] SC 598, [1927] SC     R(G) 1/85
(HL) 80, 1927 AC 641

Welsh v. Glasgow Coal Co. Ltd. [1916] SC (HL)                                     R(I) 1/00

Wetherall v. Harrison [1976] 1QBT 773                                             R(S) 1/94

Wilson v. First County Trust (No. 2) [2003] UKHL 40 [2004] IAC 816                R(CS) 4/09

Yew Bon Tew v. Kenderaan Bas Mara [1983] 1 AC 553                                 R(A) 3/91

Young v. Fife Coal Co. Ltd. [1940] SC (HL)                                        R(I) 1/00
                                  APPENDIX 2                                 Supplement 69 [8/2009]

                                     Part 3

                                   EEC Cases

                                                                                      Judicially
                                   Decision                                          considered
                                                                                         in


AA Ten Holder v. Nieuwe Algemene Bedrijfsvereniging (Case 302/84)                    R(U) 7/85
                                                                                     R(U) 8/88
                                                                                     R(U) 2/78

Angenieux v. Hakenberg [1973] ECR 935 (Case 13/73)                                   R(F) 1/95

Assurance Vieillesse v. Duffy [1969] ECR 597                                         R(U) 4/84
                                                                                     R(U) 7/85

Athanasopoulos v. Bundesanstalt für Arbeit [1991] I. EC 2797 (Case 251/89)

Aubin v. UNEDIC and ASSEDIC [1982] ECR 1991 (Case 227/81)

Balsamo v. Institute National D’Assurance Maladie-Invalidité [1976] ECR 375          R(S) 3/82
(Case 108/75)                                                                        R(S) 13/83

Baumbast v. Secretary of State for the Home Department (Case C-413/99 [2002]         R(IS) 4/09
ECR 1-7091)                                                                          R(IS) 5/09

Beeck v. Bundesanstalt für arbeit [1981] ECR 503 (Case 104/80)                       R(F) 2/83
                                                                                     R(F) 1/95

Bestuur der Bedrijfsvereniging Voor De Metaalnijverheid, The Hague v.                R(G) 1/89
M L J Mouthaan (Case 39/76)                                                          R(F) 1/95

Bestuur der Sociale Verzekeringsbank v. Smieja [1973] ECR 123 (Case 51/73)           R(I) 1/75

Bestuur der Sociale Verzekeringsbank v. van der Vecht [1963] CMLR 151,               R(S) 4/80
[1967] ECR (Case 19/67)

Bestuur van het Algemeen Zickenfonds-Drenthe-Platteland v. Pierik [1978]             R(U) 10/88
ECR 825; and [1979] ECR 1977 (Case 117/77 and Case 182/78 respectively)

Bilka-Kaufhaus CMbH v. Weber von Hartz [1986] 2 CMLR 701                             R(S) 2/77

Bollman v. Hauptzellamt Hamburg-Waltershof [1973] ECR 269 (Case 62/77)               R(S) 1/78

† Brack v. Insurance Officer [1976] 2 CMLR 592, ECR 1429; R(S) 1/77,                 R(F) 1/95
Appendix (the reference to European Court); R(S) 1/77 Appendix (the decision         R(IS) 1/06
of the European Court) (Case 17/76)

Bramhill v. Chief Adjudication Officer [1994] (Case 420/92)                          R(P) 2/96

Burdell v. Adjudication Officer [1987] ECR 3329 (Case 377/85)                        R(I) 1/75
                                                                                     R(U) 2/78

Caisse d’Assurance Vieillesse des Travailleur’s Salaries de Paris v. Duffy           R(S) 9/81
[1971] CMLR 391; [1969] ECR 597 (Case 34/69)                                         R(F) 1/95

Caisse de Compensation des Allocations Familiales des Regions de Charleroi et        R(U) 2/78
Namur v. Laterza [1981] 1 CMLR 188 [1980] ECR 1915 (Case 733/79)                     R(U) 4/86
                                                                                     R(U) 7/88

†Departmental case
Supplement 69 [8/2009]            APPENDIX 2

                                      Part 3

                                   EEC Cases

                                                                                     Judicially
                                   Decision                                         considered
                                                                                        in


Caisse de Pension des Employés Privés v. Massonet [1975] ECR 1473 (Case 50/75)      R(U) 8/88

Caisse Primaire d’Assurance Maladie d’Eure-et-Loir v. Tessler [1978] ECR 7
(Case 84/77)                                                                        R(IS) 1/06

Caisse Primaire d’Assurance Maladie de Rouen v. A Guyot [1984] ECR 3507 (Case       R(U) 7/88
128/83)                                                                             R(U) 8/88

Caisse régionale d’Assurance Maladie Rhône - Alpes v. Giletti [1987] ECR 955        R(A) 2/94
(Cases 379 to 381/85 and 93/86)                                                     R(IS) 8/06

Caracciolo (née Camera) v. Institut National d’Assurance Maladie - Invalidité and   R(A) 2/94
Union Nationale des Mutualités Socialistes [1982] ECR 2213 (Case 92/81)

Clarke v. Chief Adjudication Officer [1987] ECR 2865 (Case 384/85)                  R(SB) 6/91
                                                                                    R(S) 2/88

Collins v. Secretary of State for Work and Pensions (Case C-138/02)                 R(IS) 1/06
(CJSA/4065/1999)

† Coonan v. Insurance Officer [1980] ECR 1445 (Case 110/79)                         R(S) 6/81

Coppola v. Insurance Officer [1983] 3 CMLR 586; [1983] ECR 43 (Case 150/82;         R(G) 1/86
R(S) 13/83 Appendix)                                                                R(G) 1/89

Cresswell v. The Chief Adjudication Officer [1992] 3 CMLR 389 (Case 64/91)          R(SB) 8/91
                                                                                    R(IS) 10/91

D’amico v. Landesversicherungsanstalt Rheinland-Pfalz [1975] 891 (Case 20/75)       R(U) 5/78
                                                                                    R(U) 4/84
                                                                                    R(U) 7/85
                                                                                    R(U) 10/88

Dammer v. VZW Securex Kinderbijslagfonds [1989] ECR 4553 (Case 268/88)              R(F) 1/95

Defrenne v. Belgian State [1971] ECR 445 (Case 80/70)                               R(U) 10/88

Di Paola v. Office National de l’Emploi [1977] ECR 315 (Case 76/76)                 R(U) 4/84
                                                                                    R(U) 7/85
                                                                                    R(U) 7/88
                                                                                    R(U) 8/88
                                                                                    R(IS) 6/96

Drake v. Chief Adjudication Officer [1986] 3 CMLR 43 (Case 150/85). Also reported R(G) 2/86
in [1986] All ER 65 CJEC and [1986] 3 WLR 1005

Emmot v. Minister of Social Welfare [1991] ECR 4269 (Case C-208/90)                 R(IS) 3/06
                                                                                    R(P) 1/09

Gaetano Bonaffini and Ors v. Instituto Nazionale della Previdenza Sociale [1975]    R(U) 5/80
ECR 971 Case (27/75)

† Galinsky v. The Insurance Officer [1981] 3 CMLR 361; [1981] ECR 941               R(S) 6/81
(Case 99/80); R(P) 1/81 Appendix                                                    R(S) 7/81
                                                                                    R(SB) 2/85

Gravina v. Landesversichergungsanstalt Schwaben [1980] ECR 4553 (Case 807/79)       R(F) 1/95


†Departmental case
                                  APPENDIX 2                               Supplement 69 [8/2009]

                                      Part 3

                                    EEC Cases

                                                                                     Judicially
                                   Decision                                         considered
                                                                                       in

Estevez v. Spain, Application no. 56501/00, 10 May 2001                             R(CS) 4/06

Guiliano v. Landesversicherungsanstalt Schwaben [1977] ECR 1857 (Case 32/77)        R(F)   1/95
                                                                                    R(P)   1/81
                                                                                    R(S)   6/81
                                                                                    R(S)   7/81
                                                                                    R(S)   9/81

Hadjioncistassiou v. Greece [1992] A525                                             R(I) 4/02

Hepple and Others v. CAO (Case C-196/98)                                            R(I) 2/00

Hoekstra (née Unger) v. Bedrijfsvereiniging Detailhandel [1964] ECR 177             R(SB) 2/85

Jackson v. The Chief Adjudication Officer [1992] 3 CMLR 389 (Case 63/91)            R(SB) 8/91
                                                                                    R(IS) 10/91

KB v. National Health Service Pensions Agency [2004] ECR 1-541 (Case c-117/01)      R(P) 1/07

Kermaschek v. Bundesanstalt für Arbeit [1976] ECR 1669 (Case 40/76)                 R(A) 2/78
                                                                                    R(S) 5/83
                                                                                    R(S) 1/84

Kromhout v. Raad van Arbeid [1985] ECR 2205 (Case 104/84)                           R(F) 1/88
                                                                                    R(F) 1/95

Levin v. Staatssecretaris van Justitie [1982] ECR 1035                              R(SB) 2/85

McMenamin v. Adjudication Officer [1993] CMLR 509 (Case c-119/91)                   R(F) 1/95

Manzoni v. FNROM [1977] ECR 1647 (Case 112/76)                                      R(S) 6/81

Marshall v. Southampton and South-West Hampshire Area Health Authority [1986]       R(SB) 8/91
ECR 723 (Case 152/84)                                                               R(IS) 10/91

Marzari v. Italy (1999) 28 EHRR CD 175                                              R(IS) 7/07

Metalnijverheid v. Mouthaan [1976] ECR 1901 (Case 39/76)                            R(U) 4/84

Molkerei Zentrale Westfalen v. Hauptzollamt Paverborn [1968] ECR 143                R(S) 1/81
(Case 28/67)

Movrin v. Landesversicherungsanstalt Westfalen (Case C-73/99) [2000] ECR 1-5625 R(IS) 8/06

Mr. and Mrs. F. v. Belgium State [1975] ECR 679 (Case 7/75)                         R(A) 2/78

O’Flynn v. Chief Adjudication Officer [1998] 1 CR 608 (also reported as R(IS) 4/98) R(IS) 11/06

Roger Stanton Newton v. Chief Adjudication Officer [1991] 1 CMLR (Case C356/89) R(A) 5/92

Petroni v. ONPTS [1975] ECR 1149 (Case 24/75)                                       R(U) 2/78
                                                                                    R(S) 9/81
                                                                                    R(S) 3/85

Procureur do Roi v. Royer [1976] ECR 497 (Case 48/75)                               R(SB) 31/84
                                                                                    R(SB) 2/85
                                                                                    R(IS) 9/99

R. v. London Borough of Galing, ex p. Bidar (Case c-209/03)                         R(IS) 1/06


†Departmental case
Supplement 69 [8/2009]            APPENDIX 2

                                      Part 3

                                   EEC Cases
                                                                                     Judicially
                                   Decision                                         considered
                                                                                       in

† R. v. NI Commissioner, ex p. Insurance Officer (Warry) [1977] ECR 2085            —
(Case 41/77); R(S) 1/80 Appendix

† R. v. NI Commissioner, ex p. Warry [1981] 1 All ER 229; R(S) 1/81 Appendix        —

R. v. Secretary of State for Employment, ex p. Seymour-Smith                        R(JSA) 2/05

† R. v. Social Security Commissioner, ex p. Browning [1981] ECR 3357 (Case 22/81) —

R. v. Social Security Commissioner, ex p. Smithson [1992] ECR, Paragraph 12         R(SB) 8/91
(Case 243/90)                                                                       R(IS) 10/91

Reg. v. Pieck [1981] QB 571                                                         R(SB) 33/84

Richards v. Secretary of State for Work and Pensions (Case C-423/04)                R(P) 1/09
                                                                                    R(P) 2/09

† Robards v. Insurance Officer [1983] 2 CMLR 537; [1983] ECR 171 (Case 149/82)      R(F) 2/83
                                                                                    R(F) 1/95

Rossi v. Caisse de Compensation pour Allocations Familiales [1979] ECR 831          R(F) 2/83
(Case 100/78)

Roux v. Belgian State [1991] ECR 1-273                                              R(IS) 9/99

Sagulo, Brenca and Bakhouche [1977] ECR 1495 (Case 8/77)                            R(SB) 32/84

Secretary of State v. Thomas, Cooze, Beard, Murphy and Morley (Case 328/91)         R(G) 3/89

Scrivner v. Centre Publique d’Aide Sociale de Chastre (Case 122/84)                 R(SB) 2/85

Snoxell and Davies v. Vauxhall Motors Ltd [1977] 1 CMLR 487                         R(SB) 1/78

Sociale Verzekeringsbank v. Smieja [1973] ECR 1213 (Case 51/73)                     R(A) 2/94

Sotgin v. Deutsche Bundespost [1974] ECR 153 (Case 152/73)                          R(A) 2/78

Stauder v. City of Ulm [1970] CMLR 112, [1969] ECR 419 (Case 29/69)                 R(I) 1/75

Strehl v. Pensioenfonds Mijnwerkers [1977] ECR 211 (Case 62/76)                     R(U) 2/78

Swaddling v. Adjudication Officer (Case C90/97)                                     R(IS) 3/00
                                                                                    R(JSA) 3/06

Tamara Vigier v. Bundesversicherungsanstalt für Angesteute [1981] ECR 229/81        R(SB) 3/91
(Case 7/80)

Tenling v. Bedrijfsvereniging voor de Chemische Industrie [1987] ERC 2497           R(SB) 6/91

Trojani v. Centre Public d’aide sociale de Bruxelles (Case C-456/02 [2002]          R(IS) 5/09
ECR 1-7573

Twomey v. The Chief Adjudication Officer (Case 215/90)                              R(S) 3/92

Van Duyn v. Home Office [1974] ECR 1337 (Case 41/74)                                R(A) 2/78

Vyvian v. Vyvian [1861] 30 Beav 65                                                  R(P) 5/55

W. (E.E.M.) [1971] explained in S (F.G.) (Mental Health Patient) [1973] 1 WLR 178   R(SB) 21/83


†Departmental case
                                    APPENDIX 2                             Supplement 69 [8/2009]

                                      Part 3

                                    EEC Cases

                                                                                    Judicially
                                    Decision                                       considered
                                                                                      in

Wachtel v. Wachtel [1973] 2 WLR 366                                                R(G) 1/73

Wakeman, in re Wakeman v. Wakeman [1947] Ch. 687                                   R(I) 17/66

Walder v. Bestuur der Sociale Verzekeringsbank [1973] ECR 599 (Case 82/72)         R(I) 1/75
                                                                                   R(P) 1/81
                                                                                   R(S) 6/81
                                                                                   RU) 4/84

Walker v. Hockney Brothers [1909] 2 BWCC 20                                        CI 257/49

Wallace v. Fife Co. [1909] SC 682                                                  R(G) 8/56

Wallis & Sons v. M’Niece [1912] 6 BWCC 445                                         R(I) 46/56
                                                                                   R(I) 24/57

Walls Meat Co Ltd. v. Khan [1979] ICR 52                                           R(P) 1/79
                                                                                   R(S) 3/79
                                                                                   R(S) 8/81
                                                                                   R(SB) 6/83
                                                                                   R(S) 1/84

Walrave v. Union Cycliste Internationale [1974] ECR 1405 (Case 36/74)              R(A) 2/78

† Walsh v. National Insurance Officer [1980] 3 CMLR 573 [1980]; ECR 1639           R(G) 3/83
(Case 143/79)                                                                      Appx

Walsh v. Oates [1953] 1 QB 578                                                     R(SB) 3/87

Walter, re Slocock v. Official Receiver and Ors [1929] 1 Ch. 645                   R(G) 13/52

Walters v. Stavely Coal & Iron Co. Ltd. [1911] 4 BWCC 303                          R(I) 7/52
                                                                                   R(I) 5/67

Wandsworth London Borough Council v. Winder [1985] A.C. 461                        R(SB) 10/88

Ward v. Holman [1964] 2 QB 580 DC                                                  R(SB) 26/84
                                                                                   Appx 1

Ward v. Shell-Mex and B.P. Ltd. [1951] 2 All ER 904                                R(I) 42/56

Warncken v. Richard Moreland & Son Ltd. [1909] 1 KB 184; 2 BWCC 355                R(I) 23/59

Warner v. Couchman [1912] AC 35; 5 BWCC 1077                                       CI 123/49
                                                                                   R(I) 12/56

Watson v. Winch [1916] 1 KB 688                                                    R(U) 6/89

Watts v. Vickers Ltd [1916] 10 BWCC 126                                            R(FIS) 3/82




†Departmental case
Supplement 69 [8/2009]           APPENDIX 2

                                     Part 3

                                  EEC Cases

                                                                                   Judicially
                                  Decision                                        considered
                                                                                     in

Weaver v. Tredegar Iron & Coal Co. Ltd [1940] AC 995; [1940] All ER 157; 33       R(I) 52/52
BWCC 227                                                                          R(I) 39/53
                                                                                  R(I) 4/67
                                                                                  R(I) 5/67
                                                                                  R(I) 3/71
                                                                                  R(I) 12/74
                                                                                  R(I) 5/77
                                                                                  R(I) 7/80
                                                                                  Appx
                                                                                  R(I) 14/81
                                                                                  R(I) 1/83

West Ham Union v. Cardiff Union [1895] 1 QB 766                                   R(P) 1/72

Westminster City Council v. Haywood [1998] Ch. 37                                 R(JSA) 1/01
                                                                                  R(JSA) 6/02

Westwood v. The Secretary of State for Employment [1983] 3 WLR 730CA; [1984]      R(I) 5/77
     2 WLR 418 HL; [1984] 1 All ER 874 HL

Wharton v. Masterman [1895] AC 186                                                R(U) 3/85

Wheatley v. Lambton, Hetton and Joicey Collieries Ltd [1937] 2 KB 426; [1937] 2   R(SB) 26/86
     All ER 756; 30 BWCC 171

Wheeler, Jameson v. Cotter [1929] 2 KB 81n                                        R(I) 2/56

White, re [1958] Ch. 762                                                          R(SB) 21/83

White v. Powell Duffryn, Ltd [1946] 39 BWCC 18                                    R(SB) 4/85
                                                                                  CI 274/49
                                                                                  R(I) 37/59

Whitley v. Stumbles [1930] 1 KB 303; AC 544                                       R(I) 15/62

Wicks v. Dowell & Co. Ltd [1905] 2 KB 225; 7 BWCC 14                              R(SB) 3/87
                                                                                  CI 118/49
                                                                                  R(I) 8/54
                                                                                  R(I) 11/80
                                                                                  R(I) 6/82

Wicks v. Director of Public Prosecutions [1974] AC 362 HL                         R(S) 5/80

Wigfull and Sons Trade Marks, in re [1919] 1 Ch. 52                               R(S) 8/85

Wiggins v. Wiggins [1958] 2 All ER 555                                            R(G) 3/72
                                                                                  R(G) 1/73

Wilby, in re [1956] P. 174                                                        R(F) 1/65

Wilcox v. H.G.S. [1976] ICR 306, CA                                               R(I) 6/81

Wilhelm v. Bundeskartellamt [1969] ECR 1 (Case 14/68)                             R(A) 2/87
                                                                                  R(S) 1/81
                                                                        Supplement 69 [8/2009]

                                                                                Appendix 3
Series CS                                        Series CS-contd
1995                                             2004
R(CS)      1/95   17.3.8 xvi                     R(CS)      1/04   21.8.5 i
           2/95   21.11.1 i                                 2/04   21.8.5 ii
           3/95   21.7.2 v                                  3/04   17.11.2 i
1996                                                        4/04   19.4.3 iii
R(CS)      1/96   21.1.1   iii                              5/04   21.10.6 i
           2/96   21.5.1   i, 21.7.1 i           2005
           3/96   21.7.2   i, 21.11.1 ii         R(CS)      1/05   21.5.3   i
           4/96   21.1.1   iv                               2/05   21.7.2   v
           5/96   21.1.3   i                                3/05   21.7.2   vi
1997                                                        4/05   21.6.4   i
R(CS)      2/97   21.11.2 ii                                5/05   21.1.2   v, 21.8.1 ii
           3/97   21.1.1 v                                  6/05   17.9.2   x
1998                                             2006
R(CS)      1/98   21.1.2 i                       R(CS)      1/06   21.1.5 i
           2/98   21.2.2 i                                  2/06   21.12.1 i
           4/98   17.3.8 xviii                              3/06   17.3.8 xx
           6/98   21.7.2 ii                                 4/06   19.4.5 ii
           7/98   21.1.1 vi                                 5/06   21.12.1 ii, 21.12.2 i
           8/98   21.2.1 ii                                 6/06   21.5.4 i
           9/98   21.11.3 i                      2007
          10/98   21.1.2 iii, 21.5.1 iii         R(CS)      1/07   21.10.5 ii
          11/98   21.7.2 iii                                2/07   17.11.1 vii
          12/98   21.7.2 iv                                 4/07   21.3.2 iii
          13/98   21.1.4 i                       2008
          14/98   21.8.3 i                       R(CS)      1/08   21.12.3 i
          15/98   21.2.3 i                                  2/08   21.6.5 i
1999                                                        3/08   21.1.2 vi
R(CS)      1/99   21.3.1   i                                4/08   21.5.1 vi
           2/99   21.5.1   ii                               5/08   21.10.7 i
           3/99   21.1.1   i                                6/08   21.3.2 i
           4/99   21.1.2   ii                               7/08   21.8.3 iv
           5/99   21.4.1   i                                8/08   21.9.2 i
           6/99   21.1.1   ii                               9/08   21.5.2 ii
           7/99   21.8.1   i
           8/99   21.9.1   i                     2009
           9/99   21.4.1   ii                    R(CS)     1/09    19.1.2 xxviii, 19.4.4 ix,
          10/99   21.4.2   i                                       21.8.3 iv
2000                                                       2/09    21.12.1 iii
R(CS)      1/00   21.2.1 i                                 3/09    21.4.3 ii
           2/00   21.6.1 i                                 4/09    21.12.4 i
           3/00   21.5.2 i, 21.6.2 i, 21.6.3 i
           4/00   21.10.1 i
           5/00   21.8.2 i
2001
R(CS)      1/01   21.1.1 vii
           2/01   21.10.2 i
           3/01   21.10.2 ii
2002
R(CS)      1/02   21.1.2 iv
           2/02   21.10.3 i
           3/02   21.10.4 i
           4/02   21.4.2 ii
           5/02   17.3.18 i
           6/02   21.10.2 iii
           7/02   21.8.4 i
           8/02   21.2.3 ii
           9/02   21.10.5 i
          10/02   21.11.4 i
          11/02   21.8.3 ii
2003
R(CS)      1/03   17.3.2 xxx
           2/03   21.8.2 ii
           3/03   21.10.4 ii
           4/03   21.8.3 iii
           5/03   21.10.4 iii
           6/03   21.4.3 i, 19.4.1 ii
Supplement 69 [8/2009]


Appendix 3
Series DLA
1995                                                Series DLA-contd
R(DLA)     1/95          15.6.11 i                  2006
           2/95          15.6.5 i                   R(DLA)    1/06     17.11.1 vi
           3/95          15.6.1 i                             2/06     15.3.1 xi
1996                                                          3/06     15.2.7 iv, 17.3.8 xxi
R(DLA)     1/96          17.6.1 x                             4/06     15.4.1 xvii
           2/96          15.6.6 i                             5/06     17.3.1 ix, 19.4.3 vii
                                                              6/06     15.6.19 i
1997
                                                              7/06     15.6.20 i
R(DLA)     1/97          15.6.5 ii                            8/06     17.3.7 xxii
           2/97          15.6.12 i                  2007
1998                                                R(DLA)    1/07     15.2.6 ii
R(DLA)     1/98          15.6.4 i                             2/07     17.8.2 ii
           2/98          17.3.9 xxv                           3/07     14.1.1 v
           3/98          15.6.6 ii
           4/98          15.4.1 xii                 2008
           5/98          17 Annex                   R(DLA)    1/08     15.6.5 v
1999                                                          2/08     15.6.13 v
R(DLA)     1/99          15.6.2   i                           3/08     17.3.9 xxvi
           2/99          19.9.1   xi
           3/99          17.9.5   vii
           4/99          17.4.6   i
           5/99          19.9.1   xii
           6/99          15.6.7   i
2000
R(DLA)     1/00          15.6.8 i
           2/00          15.2.9 i
2001
R(DLA)     2/01          17.9.2 ix
           3/01          17.3.2 xxix
           4/01          15.6.13 i
           5/01          17.6.5 xi
           6/01          17.6.4 xviii, 18.6.2 xxv
           7/01          19.3.2
2002
R(DLA)     1/02          15.2.1 x
           2/02          15.2.1 xi
           3/02          15.2.1 xii
           4/02          19.4.2 i
           5/02          15.6.14 i
           6/02          17.11.1 i
           7/02          15.6.15 i
           8/02          15.6.16 i
           9/02          15.6.17 i
         10/02           15.2.1 xiii, 15.2.2 ix,
                         15.2.7 ii
           11/02         15.6.18 i
2003
R(DLA)      1/03         17.11.1 iii
            2/03         15.6.16 ii
            3/03         15.2.1 xv
            4/03         15.4.1 xv
            5/03         17.3.8 xix
            6/03         15.6.13 ii
            7/03         15.2.11 i, 15.6.5 iii
2004
R(DLA)      1/04         18.6.1 iii
            2/04         17.3.5 xxi
            3/04         15.6.13 iii
            4/04         15.4.1 xvi
            6/04         15.2.12 i
            7/04         17.3.7 xx, 19.4.3 v
2005
R(DLA)      1/05         15.2.7 iii, 15.6.16 ii
            2/05         15.6.5 iv
            3/05         17.3.17 vii
            4/05         13.8.3 i
            5/05         15.2.1 xvi, 15.2.11 ii
            6/05         15.6.13 iv
                                              Supplement 69 [8/2009]

                                                    Appendix 3
Series H
2002
R(H)        1/02   32.1.1 i
2003
R(H)        1/03   32.2.1 i
            2/03   32.1.2 i, 32.3.1 i
            3/03   32.2.2 i
2004
R(H)        1/04   32.1.1 ii
            2/04   32.1.1 iii
            3/04   17.3.2 xxxi
            4/04   32.4.l i
            5/04   18.6.2 xxviii, 17.8.3 iv
            6/04   32.5.1 i
            7/04   32.3.1 ii
            8/04   19.4.4 ii
            9/04   32.5.2 i
2005
R(H)        1/05   32.1.2   ii, 32.3.2
            2/05   32.2.3   i
            3/05   32.3.3   i, 32.6.1 i
            4/05   32.4.2   i
            5/05   32.2.4   i
            6/05   32.2.3   i
            7/05   32.2.6   i
            8/05   17.3.2    xxxiv
            9/05   32.4.2   ii
           10/05   32.2.1   ii
2006
R(H)        1/06   32.8.1 i
            2/06   13.7.2 ii
            3/06   32.4.2 iv
            4/06   32.4.2 iii
            5/06   19.4.4 vii, 32.2.7 i
            6/06   32.3.1 iii
            7/06   13.14.1 i
2007
R(H)        2/07   32.4.4   i
            3/07   32.4.5   i
            4/07   32.4.2   iv
            5/07   32.7.1   i
            6/07   32.2.8   i
            7/07   32.4.4   i
            8/07   32.2.6   i
            9/07   32.4.1   ii
           10/07   32.3.1   ii
2008
R(H)        1/08   32.2.9 i, 32.3.4 i
            2/08   32.9.1 i
            3/08   32.4.6
            4/08   32.3.5 i
            5/08   32.7.2 i
            6/08   32.4.4 iii
            7/08   32.8.2 i
            8/08   32.4.4 i
            9/08   32.4.4 i
           10/08   32.1.1 iv

2009
R(H)        1/09   32.10.1 i, 17.13.1 i
            2/09   32.7.3 i
            3/09   32.1.3 i
            4/09   32.4.4 v
                                                                    Supplement 69 [8/2009]

                                                                            Appendix 3
Series I-contd                              Series I-contd
1991                                        2003
R(I)        1/91   8.5.1 xxi                R(I)        1/03   10.2.10 ii
            2/91   14.3.2 vii                           2/03   9.7.3 ii, 11.2.4 i,
            3/91   14.2.2 vii                                  18.6.2 xxvii
            4/91   14.1.2 vi                           3/03    9.1.6 ii
            5/91   14.1.2. vii              2004
            6/91   8.1.1 vi, 8.6.1 xiv      R(I)       1/04    14.2.1 vii
1992                                                   2/04    9.7.3 iii,11.2.4 ii
R(I)        1/92   9.4.5 viii                          3/04    9.7.10 v
            2/92   9.4.7 iii                           4/04    14.2.1 viii
            3/92   14.1.3 vii                          5/04    9.7.3 iv, 9.5.10 vi
1993                                        2006
R(I)        1/93   8.2.7 iii                R(I)       1/06    18.6.2 xxx
            2/93   11.8.1 i                            2/06    9.5.10 vii
            3/93   11.8.2 i
1994                                        2009
R(I)        1/94   9.4.5 ix                 R(I)       2/09    9.5.11 iii
            2/94   17.6.4 xv
            3/94   Annex 9
            4/94   14.2.3 vi
            5/94   14.3.4 x, 18.6.2 xix
            6/94   9.7.1 i
            7/94   17.4.1 xxix
            8/94   8.3.7 x, 18.6.2 xx
1995
R(I)        1/95   14.2.2 viii
            2/95   9.5.10 i
            3/95   9.5.11 i
            4/95   14.4.1 iv
            5/95   9.7.3 i, 14.3.4 xi
1996
R(I)        1/96   9.1.6 i
            2/96   Annex 9
            3/96   10.2.9 i, 13.3.1 xix
            4/96   9.7.1 i
            5/96   9.4.7 iv
1997
R(I)        2/97   9.4.11 i
            3/97   9.5.12 i
            4/97   10.5.2 i
1998
R(I)        2/98   9.4.5 x
            3/98   13.5.5 iv
            4/98   9.5.13 i
            5/98   9.5.14 i
            6/98   9.5.11 ii
            7/98   9.1.1 v
1999
R(I)        1/99   8.7.3 ix, 18.6.2 xviii
            2/99   11.8.1 ii, 18.6.2 xix
            3/99   13.1.1 xvii
            4/99   9.4.7 v
            5/99   9.4.2 xii, 18.6.2 xx
2000
R(I)        1/00   8.1.2 vii, 18.7.1 i
            2/00   11.8.1 iii, 19.1.2 xxi
            3/00   10.2.10 i
2001
R(I)        2/01   9.5.10 ii, 18.6.2 xxiv
            3/01   17.6.5 x
2002
R(I)        1/02   9.5.10 iii
            2/02   11.4.9 i, 18.6.2 xxvi
            3/02   9.5.10 iv
            4/02   17.3.17 iii
            5/02   17.11.1 ii
            6/02   9.4.5 xi
            7/02   9.5.9 ii
            8/02   9.5.15 i
Supplement 69 [8/2009]


Appendix 3

Series IB
1998
R(IB)       1/98         2.13.2   i
            2/98         2.13.4   i
            3/98         2.13.4   ii
            5/98         2.13.7   i
1999
R(IB)       1/99         2.13.2 ii
            2/99         2.13.1 i
2000
R(IB)       1/00         2.13.5 i

2001
R(IB)       1/01         2.13.6 i
            2/01         2.13.6 ii
            3/01         2.14.1 i
2002
R(IB)       1/02         19.1.11 iii
            2/02         2.13.2 iii
            3/02         2.13.2 iv
            4/02         17.3.17 iv
2003
R(IB)       1/03         2.14.2 i
            2/03         2.13.2 v
            4/03         2.13.2 vi
            5/03         2.13.2 vii
            6/03         17.3.17 v
            7/03         7.5.2 i
2004
R(IB)       1/04         2.15.1 i
            2/04         17.3.2 xxxiii, 17.3.5 xx,
                         17.3.8 xix, 17.6.7 iii
            3/04         2.13.2 viii
            4/04         2.13.2 ix
            5/04         17.4.2 xv
            6/04         2.13.2 x
            7/04         2.11.1 v
            8/04         2.13.10 i
2005
R(IB)       1/05         2.13.7 i, 17.11.1 iv
            2/05         17.11.1 v
            3/05         2.15.1 ii
            4/05         17.8.1 xxxix
            5/05         17.3.5 xxii
            6/05         18.6.2 xxix
            7/05         2.13.7 ii
2006
R(IB)       1/06         2.14.3 i
            2/06         17.3.7 xxiii
2007
R(IB)       1/07         2.14.4   i
            2/07         2.13.2   xi
                         17.4.1    xxxiii
            3/07         2.14.3   ii
2008
R(IB)       1/08         2.13.7 i

2009
R(IB)       1/09         17.3.4 iv, 17.12.1 iii,
                         17.12.2 ii
            2/09         2.13.10 i
                                                                     Supplement 69 [8/2009]

                                                                             Appendix 3
Series IS                                    Series IS-contd
1990                                         1994-contd
R(IS)        1/90   29.10.2 i                R(IS)      16/94   Annex 29
             2/90   29.10.5 i                           17/94   29.4.2 ii
1991                                                    18/94   29.4.4 iii
R(IS)        1/91   29.10.8 i, 29.10.7 i     1995
             2/91   29.4.3 i                 R(IS)       1/95   29.4.1 xviii, 29.19.2 ii
             3/91   29.4.1 i                             2/95   29.19.2 ii
             4/91   29.4.1 ii                            3/95   29.4.1 xix
             5/91   13.3.1 xvii                          4/95   29.4.1 xx
             6/91   29.2.6 i                             5/95   29.2.2 i, 29.12.1 ii
             7/91   17.2.1 vi                            6/95   29.10.3 i
             9/91   29.4.1 iii                           8/95   29.2.2 ii, 13.1.1 xv
            10/91   19.1.2 xiii                          9/95   29.7.1 iv
            11/91   29.17.1 ii                          10/95   29.7.1 v
            12/91   29.4.1 iv, 17.5.4 i
            13/91   29.8.2 i                            11/95   29.4.1 xxi
            14/91   29.17.2 ii                          12/95   29.2.2 iii, 17.9.2 viii
1992                                                    13/95   29.10.5 iv
R(IS)       1/92    29.19.1 ii                          14/95   29.4.7 i
            2/92    29.4.3 ii                           15/95   29.12.1 i, 29.12.1 iii
            3/92    17.2.1 vii                          17/95   17.8.1 xxx
            4/92    29.4.1 v                            18/95   29.10.5 v
            5/92    17.8.3 i                            19/95   29.4.1 xxii
            6/92    29.7.1 i                            20/95   29.4.4 iv
            7/92    29.4.4 i                            21/95   29.2.2 iv
            8/92    29.10.2 i, 29.10.7 ii,              22/95   29.2.2 v
                    29.10.5 ii                          23/95   17.3.2 xxvii
             9/92   29.10.8 ii                          24/95   29.4.1 xxiii
            10/92   17.6.5 v                            25/95   29.12.2 i
            11/92   17.9.7 i                            26/95   29.10.3 ii, 29.10.5 vi,
            12/92   29.9.2 i                                    29.10.9 ii
            13/92   29.4.1 vi                1996
            14/92   29.17.1 iii              R(IS)      1/96    29.12.2 ii
1993                                                    2/96    17.3.2 xxviii, 17.6.8 i
R(IS)        1/93   19.8.10 i                           3/96    29.10.3 iii, 29.10.9 iii
             2/93   29.10.2 ii, 29.10.9 i               4/96    29.10.5 vii
             3/93   29.7.1 ii, 29.10.2 iii              5/96    29.4.1 xxiv
             4/93   17.3.9 xxiii, 17.9.4 v              6/96    19.3.4 ii
             6/93   29.19.1 i                           7/96    29.2.2 vi
             7/93   29.4.1 vii                          8/96    2.8.1 iv, 29.4.4 v
             8/93   29.4.2 i                            9/96    17.8.3 ii
             9/93   29.17.1 i                          10/96    29.4.4 vi
            10/93   29.4.1 viii                        11/96    29.4.4 vii
            11/93   17.6.1 ix                          12/96    17.6.5 vi, 29.4.2 v
            12/93   29.17.2 i                          13/96    29.4.4 viii
            13/93   29.10.7 iv                         14/96    17.8.1 xxxii
            14/93   29.10.7 iii                        15/96    29.10.2 iv, 29.10.3 iv,
            15/93   17.3.2 xxv                                  29.10.5 viii, 29.10.7 v
            16/93   29.7.1 iii                         16/96    17.8.1 xxxiii
            17/93   29.3.1 i                 1997
            18/93   29.4.1 ix                R(IS)      1/97    29.10.3 v
            19/93   29.4.1 x                            2/97    17.6.1 xi
            20/93   17.9.2 vii                          3/97    19.1.4 x
            21/93   29.10.5 iii                         4/97    29.10.3 vi
            22/93   29.4.2 iv                           5/97    29.12.2 iv
1994                                                    6/97    29.12.2 v
R(IS)        1/94   29.4.4 ii, 29.19.2 i     1998
             2/94   29.4.1 xi                R(IS)      1/98    29.4.7 ii
             3/94   29.4.1 xii                          2/98    29.9.2 ii
             4/94   29.9.1 i                            3/98    29.17.1 v
             5/94   17.3.14 ii                          4/98    19.1.3 iii
                                                        5/98    29.10.2 v, 29.10.5 ix,
             6/94   29.4.1 xiii                                 29.10.7 vi
             7/94   17.8.1 xxvi                         6/98    29.17.1 vi
             8/94   29.4.1 xiv                          7/98    29.10.7 vii, 29.10.3 vii
             9/94   19.3.5 i                            8/98    17.6.3 xiii
            10/94   29.4.2 iii                         10/98    19.5.7 xii, 29.2.6 ii
            11/94   29.4.1 xv                          11/98    29.4.2 v
            12/94   29.4.1 xvi                         12/98    19.1.4 xi
            13/94   29.4.1 vii                         13/98    19.3.2 vii
            14/94   17.8.1 xxvii                       14/98    29.10.3 viii
                                                       15/98    29.12.2 v
                                                       16/98    29.4.1 xxv
Supplement 69 [8/2009]


Appendix 3
Series IS-contd                                     Series IS-contd
1998-contd                                          2004-contd
R(IS)      17/98         29.10.2 vi, 29.10.7 viii   R(IS)       9/04   29.10.2 ix
           18/98         29.17.1 vii                           10/04   29.17.1 x
           19/98         29.12.2 vi                            12/04   19.4.4 iii
           20/98         29.4.1 xxvi                           13/04   29.16.1 i
           21/98         17.6.5 viii                           14/04   17.3.2 xxxii
           22/98         29.4.1 xxvii                          15/04   19.4.3 vi
           23/98         29.4.4 ix                             16/04   13.1.3 v
1999                                                           17/04   17.3.7 xxi
R(IS)       1/99         29.3.2                     2005
            2/99         29.4.1 xxviii              R(IS)       1/05   17.8.3 v
            3/99         29.9.3 i                               2/05   29.2.1 ii
            4/99         19.5.1 vi                              3/05   29.9.1-2 vi
            5/99         29.9.4 i, 29.10.2 vii                  4/05   29.9.1-2 vii
            6/99         19.3.3 i                               5/05   29.10.3 xi
            7/99         29.12.2 vii                            6/05   19.1.3 iv
            8/99         29.9.5 i                               7/05   17.8.1 xxxviii
            9/99         19.3.3 ii                              8/05   29.2.12 ii
           10/99         29.10.2 viii                           9/05   29.4.1 xxxv
           11/99         17.3.8 xvii, 17.3.17 i,               10/05   29.2.1 iii
                         17.4.1 xxxi                           11/05   29.17.1 xi
           12/99         29.4.1 xxix                           12/05   17.3.2 xxxv, 29.15.1 i
           13/99         29.2.2 viii                           13/05   17.8.1 xxxx
           14/99         19.3.1 i                   2006
           15/99         19.3.1 ii                  R(IS)       1/06   19.3.3 vii, 29.2.12 iii
2000                                                            3/06   19.1.10 iii
R(IS)       1/00         29.12.2 viii                           4/06   17.8.1 xxxxi
            2/00         19.1.2 xxii                            5/06   29.4.1 xxxvii
            3/00         19.3.3 iii                             6/06   19.4.4 v, 29.16.1 ii
            4/00         29.4.1 xxx                             7/06   13.8.3 ii
            5/00         17.8.1 xxxv                            8/06   19.9.1 xiii
            6/00         19.3.3 iv                             12/06   19.4.4 vi
2001                                                2007
R(IS)       1/01         29.10.9 iv                 R(IS)       1/07   29.4.1 xxxix
            2/01         29.4.1 xxxi                            2/07   29.4.1 xxxviii
            3/01         13.6.1 viii, 13.1.3 iv                 3/07   13.1.1 xxi
            4/01         29.9.1 ii                              4/07   13.1.1 xxii
            5/01         29.4.1 xxxii                           5/07   29.10.3 xii
            6/01         17.8.1 xxxvi                           6/07   17.4.1 xxxiv
            7/01         29.10.3 ix                             7/07   19.4.2 iii, 18.6.1 iv,
            8/01         29.4.1 xxxiii                                 29.10.7 xi
            9/01         19.3.1 iii                            8/07    19.1.3 vii, 19.2.3 ii,
           10/01         29.9.6 i                                      19.3.3 ix, 29.2.12 iv,
           11/01         29.2.12 i                                     32.4.6 i
                         19.3.3 v                   2008
           12/01         17.4.2 xiv                 R(IS)      1/08    19.3.1 iv
           13/01         29.9.1 iii, 17.4.1 xxxii              2/08    17.3.2 xxxvi, 17.11.1 ix
           14/01         29.4.1 xxxiv                          3/08    19.3.3 x, 29.2.12 vi
           15/01         29.2.2 viii                           4/08    17.3.10 vi
2002                                                           5/08    29.10.3 xiii
R(IS)       1/02         29.17.1 viii                          6/08    19.3.3 xi, 29.2.12 vii,
            2/02         19.3.5 ii                                     32.4.6 iii
            3/02         19.4.1 i                              7/08    29.6.1 i
            4/02         29.9.1 iv                             8/08    19.3.3 xii, 23.3.2 i,
            7/02         29.4.2 vii                                    29.2.12 viii,
            8/02         29.2.1 i                              9/08    17.4.1 xxxv, 29.10.2 x
            9/02         29.4.2 vii                           10/08    17.8.4 ii, 29.10.2 xi
2003                                                          11/08    29.2.1 iv
R(IS)       1/03         29.10.7 ix                           12/08    29.4.1 x1i
            2/03         29.9.2 iii
            3/03         29.10.3 x                  2009
            4/03         29.10.9 v                  R(IS)      1/09    17.3.7   xxiii
            5/03         17.8.1 xxxvi                          2/09    29.4.1   xliii
            6/03         17.8.1 xxxvii, 29.9.1 v               3/09    19.3.3   xiii, 29.2.12 ix,
2004                                                                   32.4.6   iv
R(IS)       1/04         19.4.3 i                              4/09    19.3.3   xiv, 29.2.12 x
            2/04         19.4.3 ii                             5/09    19.3.3   xv, 29.2.12 xi
            3/04         13.13.1 i
            4/04         29.4.2 i, 29.4.2 ix
            5/04         17.3.17 vi
            6/04         19.4.3 iii
            7/04         29.17.1 ix
            8/04         29.10.7 x
                                                                                                           Supplement 69 [8/2009]
                                                                Cer-Chi
Certiorari, order of (contd)                                          Children, benefits (contd)
 declaration of entitlement                                                single parent increase
    refused R(U) 14/64, 17.10.1 ii                                            divorced parents under same roof R(F) 3/81, 6.1.5 i
 judicial review R(SB) 52/83, 17.10.1 iii; CA 89/82,                          residing together in period of absence R(F) 4/85,
                       18.1.2 xii; R(SB) 17/85, 18.3.1 ii;                                   6.1.5 ii
                       R(SB) 12/83, 18.6.1 i; R(IS) 7/07,             child’s special allowance
                       18.6.1 iv                                        entitled
    alternative statutory remedies R(SB) 17/85, 18.3.1 ii                  despite former husband’s death before maintenance
    who may apply R(SB) 17/85, 18.3.1 ii                                                     plans implemented R(G) 17/59,
Child stillborn R(G) 3/51, 12.4.1 i                                                          6.4.1 ii
Children Act 1948 R(A) 3/73, 15.3.2 ii                                     former deceased husband’s inability to maintain while
 accommodation provided under ss and 13 R(A) 3/73,                                           sick or unemployed allowed for
                       15.3.2 ii                                                             R(G) 15/59, 6.4.1 i
Children, benefits                                                      not entitled
 child benefit                                                             former husband not contributing before death
    boarded out with grandparents R(F) 1/91, 6.1.2 ix;                                       R(G) 5/59, 6.4.2 ii
                       R(F) 1/96, 6.1.2 x                                  innocent party to a bigamous marriage R(G) 3/59,
    boarding out allowance, effect of R(F) 1/85, 6.1.2 viii                                  6.4.2 i
    child in care, no care order R(F) 1/97, 6.1.11                         meaning of ‘had before his death been contributing’
    child in full-time employment, increase of RP payable                                    R(G) 5/59, 6.4.2 ii
                       R(P) 3/85, 6.2.4 i                             guardian’s allowance
    full-time education/supervised study R(F) 1/93, 6.1.1               at the death, meaning of R(G) 10/52, 6.3.1 i
                       iv R(F) 2/95, 6.1.1 v                            natural father of illegitimate child R(G) 12/55, 6.3.1 ii
    necessity of claim for each child R(F) 3/96, 6.1.9 i                   ‘parent’ and ‘step-parent’ R(F) 1/79, R(F) 4/81,
    not entitled                                                                             R(SB) 9/83, 6.1.4 i-iii; R(G) 6/52,
       parents' earnings exempt from UK income tax                                           R(G) 12/55, R(G) 4/83, 6.3.1 i-iii
                       R(F) 3/89, 6.1.7 i                                  question as to deceased mother’s insurance class did
    not receiving full-time education in a school                                            not arise R(G) 8/62, 17.3.4 iii
       at secretarial school, mornings only R(F) 4/62, 6.1.1 ii            whereabouts of surviving parent known at other’s death
       one parent in another EEC Member State, the other                                     court order for maintenance in force
                       exercising professional or trade activity in                          R(G) 10/52, 6.3.3 i
                       UK R(F) 2/83, 19.1.9 ii                                known to children’s grandfather/aunt R(G) 11/52,
    person from abroad; transitional regulations R(F) 1/99,                                  6.3.2 i; R(G) 2/83, 6.3.3 v
                       19.3.2 viii                                            known 2 days later, enquiry time needed R(G) 10/55,
    return to school solely to sit examinations R(F) 2/85,                                   6.3.2 ii
                       6.1.1 iii                                              mother found abroad after claim made but could not
       studying at home R(F) 4/61, 6.1.1 i                                                   be forced to contribute R(G) 3/68,
    rate payable for twins R(F) 2/96, 6.1.8 i                                                6.3.2 iii
    reference of question by supplementary benefit officer                    paternity admitted or established R(G) 15/52,
                       R(SB) 22/82, 30.4.3 i                                                 R(G) 2/81, 6.3.3 ii, iv
    responsibility for a child                                             putative father not dead or whereabouts unknown
       contributing to cost of providing for the child                                       R(G) 4/59, 6.3.3 iii
          allocation and effect on entitlement of payments              not entitled
             accruing under court order R(F) 9/61, R(F) 2/62,              claimant where child’s step-mother still alive
                       6.1.3 ii, iv                                                          R(G) 6/52, 6.3.1 i
             in kind R(F) 1/73, 6.1.3 v                                    father charged, or convicted but not in prison or legal
             made irregularly R(F) 8/61, R(F) 10/61, 6.1.3 i, iii                            custody R(G) 4/65, R(G) 2/80,
       has the child living with him                                                         6.3.4 i, ii
          boarded out with view to adoption R(F) 1/85,                increases of benefits for child dependants
                       6.1.2 viii                                       claim for, accepted as claim for child benefit R(S) 3/80,
          divorced parents given joint custody R(F) 2/79,                                    6.2.1 v
                       6.1.2 iv                                         entitlement to pension increase, child in full-time
          illegitimate child in mother’s family despite                                      employment R(P) 3/85, 6.2.4 i
                       maintenance by father R(F) 1/74,                 family fund test R(S) 12/83, R(S) 2/85, R(S) 7/89,
                       6.1.2 iii , 18.3.2 i                                                  6.2.1 vii, viii, ix
          in shared household, child living with                        having care of child, daily woman CS 726/49 6.2.1 i
             claimant grandmother, not mother R(F) 1/71,                   living with claimant
                       6.1.2 ii                                            son working away but weekending at home, expenses
             mother, not claimant grandmother R(F) 3/63,                                     paid R(G) 1/57, 6.2.3 i
                       6.1.2. i                                         meaning of ‘living with’ R(G) 4/62, 4.3.3 ii; R(F) 2/79,
          meaning of                                                                         6.1.2 iv; R(U) 11/62, 6.2.2 ii; see also
              living with R(F) 3/63, R(F) 2/79, R(F) 1/81,                                   R(F) 3/63, 6.1.2 i
                       R(F) 2/81, 6.1.2 i, iv-vi; R(U) 11/62,                 doubt as to paternity of child R(G) 1/92, 6.2.3 iii
                       6.2.2 ii; R(G) 4/62, 4.3.3 ii                       mother breadwinner, father not incapable
             ordinarily lives with throughout at least one day                any sex discrimination not unlawful R(S) 11/79,
                       in each week R(F) 1/84, 6.1.2 vii                                     6.2.1 iv
             step-parent R(F) 1/79, R(F) 4/81, R(SB) 9/83,                 not living with
                       6.1.4 i-iii                                            child in approved school: meaning of ‘absence under
             ‘week’ and ‘day’ R(F) 1/82, R(F) 3/85, 6.1.6 i, ii                              supervision’ R(S) 2/64, 6.2.1 ii
Supplement 69 [8/2009]
                                                               Chi
Children, benefits (contd)                                           Child support (contd)
       granddaughter in same house as grandmother                     housing costs
                       (claimant) and mother but in mother’s             eligible housing costs R(CS) 6/98, 21.7.2 ii
                       family R(G) 4/62, 6.2.3 ii                           building and contents insurance R(CS) 3/96, 21.7.2 i
    requisite contributions ... to cost of providing for child              council tax R(CS) 11/98, 21.7.2 iii
       made                                                                 current account mortgage R(CS) 3/05, 21.7.2 vi
          for one child and not the other; allocation and                   meaning of “principal home” R(CS) 2/96; 21.7.1 i
                       spreading discussed R(S) 3/74, 6.2.1 iii             meaning of “provision of a home”
          taking account of value of house under joint ownership            R(CS) 12/98, 21.7.2 iv necessarily incurred
                       R(U) 2/65, 6.2.2 iv                                  R(CS) 2/05, 21.7.2 v
       not made                                                       jurisdiction
          at relevant time                                               applications under section 6 R(CS) 1/98, 21.1.2 i
             retrospective effect R(U) 14/62, R(U) 3/78,                    prescribed benefit, meaning of “paid” R(CS) 4/99,
                       6.2.2 iii, v                                                        21.1.2 i; R(CS) 5/05, 21.1.2 v;
             tolerance for gaps R(U) 14/62, 6.2.2 iii                                      R(CS) 3/08, 21.1.2 vi
          full amount not paid over R(U) 11/71, 17.7.2 iii                  prescribed benefit, claimed or paid R(CS) 10/98,
          only the family allowance R(G) 3/61, 4.3.3 i                                     21.1.2 iii
          though court order in force R(U) 25/59, 6.2.2 i                continues in force R(CS) 1/02, 21.1.2 iv
          though not ‘living with’ claimant R(U) 11/62, 6.2.2 ii         court orders and written maintenance agreements
          validity of undertaking R(U) 6/79, 6.2.2 vi                                      R(CS) 1/96, 21.1.1 iii; R(CS) 4/96,
       overlapping benefit provisions, effect on requisite                                 21.1.1 iv
                       contributions R(S) 10/81, 6.2.1 vi                   agreement between AP and qualifying child
       overlapping benefits, single parent increase and guardians                          R(CS) 7/98, 21.1.1 vi
                       allowance awarded for different children               minute of agreement registered in the Books of
                       R(F) 2/89, 6.5.1 i                                                  Council and Session R(CS) 3/99, 21.1.1 i
    step-parent, meaning of R(SB) 9/83, 6.1.4 iii                             school fees orders R(CS) 1/01, 21.1.1 vii
    in the care of local authority, meaning of R(SB) 28/84,                   undertakings in Court orders R(CS) 6/99, 21.1.1 ii
Child support                                                            disputed parentage R(CS) 13/98, 21.1.4 i
 cancellations and terminations                                          habitual residence in the UK R(CS) 5/96, 21.1.3 i
    AP returns to live with PWC R(CS) 8/99, 21.9.1 i                     Limitation Act R(CS) 10/02, 21.11.4 i
    child temporarily ceases to live with PWC - retrospective            old scheme or new scheme R(CS) 1/06, 12.1.5 i
                       MAs R(CS) 8/08, 21.9.2 i                          responsibility for deciding whether there is jurisdiction
 decision-making and Appeals                                                               R(CS) 3/97, 21.1.1 v
    revision                                                          maintenance formula issues
       meaning of “official error” R(CS) 3/04, 17.11.2 i                 assessable income R(CS) 6/03, 21.4.3 i; R(CS) 3/09,
    supersession                                                                           21.4.3 ii
       notification of intention by S of S R(CS) 2/07, 17.11.1.vii       disposable income
       on the basis of information used to terminate a prescribed             deductions for maintenance under an order
       benefit - effective date R(CS) 2/07, 17.11.1 vii                                    R(CS) 10/99, 21.4.2 i
 departures                                                              meaning of “unmarried couple” R(CS) 4/06, 19.4.5 ii
    contact costs R(CS) 5/04, 21.10.6 i                                  property or capital transfer allowance
    costs arising from long-term illness/disability R(CS) 2/02,               meaning of “the whole of the asset transferred”
                       21.10.3 i                                                           R(CS) 4/99, 21.4.1 i
    decision-making and appeals R(CS) 9/02, 21.10.5 i                         meaning of “VT” R(CS) 5/99, 21.4.1 i
    debts incurred before separation R(CS) 3/02, 21.10.4 i;                   purpose of transfer R(CS) 9/99, 21.4.1 ii
                       R(CS) 3/03, 21.10.4 ii; R(CS) 5/03,               treatment of payments of Child Support Maintenance
                       21.10.4 iii                                                         R(CS) 4/02, 21.4.2 ii
    lifestyle inconsistent R(CS) 2/01, 21.10.2 i; R(CS) 3/01,         matters outside the scope of the maintenance formula
                       21.10.2 ii; R(CS) 6/02, 21.10.2 iii                                 R(CS) 9/98, 21.11.3 i
    property or capital transfers R(CS) 4/00, 21.10.1 i               other income
    travel to work costs R(CS) 5/08, 21.10.7 i                           dividends from shares R(CS) 4/05, 21.6.4 i
    withdrawing a referral R(CS) 1/07, 21.10.5 ii                        drawings R(CS) 2/08, 21.6.5 i
 earnings                                                                notional income
    expenses R(CS) 2/96, 21.5.1 i, R(CS) 2/99, 21.5.1 ii,                   deprivation of capital R(CS) 3/00, 21.6.2 i
       car allowance R(CS) 4/08, 21.5.1 iv                               payments of compensation for personal injury
       police rent allowance R(CS) 10/98, 21.5.1 i                                         R(CS) 2/00, 21.6.1 i
    income tax R(CS) 1/05, 21.5.3 i                                      rental income R(CS) 3/00, 21.6.3 i
    meaning of, R(CS) 4/05, 21.6.4 i                                  requirement to co-operate
    pension contributions                                                interim maintenance assessments R(CS) 1/00, 21.2.1 i
       retirement annuity contact R(CS) 3/00, 21.5.2 i                      effective dates R(CS) 8/98, 21.2.1 ii
 salary sacrifice R(CS) 9/08, 21.5.2 ii                                     welfare of children R(CS) 2/98, 21.2.2 i
    self-employed capital allowances R(CS) 6/06, 21.5.4 i                reduced benefit directions R(CS) 15/98, 21.2.3 i;
 effective dates                                                                           R(CS) 8/02, 21.2.3 ii
    date maintenance enquiry form is sent R(CS) 1/99, 21.3.1 i,             undue distress R(IS) 4/07, 21.2.3 iii
    effective date of MA made after IMA R(CS) 6/08, 21.3.2 i          special cases
 estoppel R(CS) 2/97, 21.11.2 i                                          absent parent deceased R(CS) 2/03, 21.8.2 ii
    evidence admissibility of court documents R(CS) 5/06,                child in boarding school R(CS) 1/04, 21.8.5 i;
                       21.12.1 ii                                                          R(CS) 2/04, 21.8.5 ii
                                                                         child in LA care R(CS) 7/02, 21.8.4 i
                                                                                                            Supplement 69 [8/2009]
                                                               Chi-Cla
Child support (contd)                                                Claims for benefits (contd)
    contribution to maintenance R(CS) 7/99, 21.8.1 i; R(CS)               graduated retirement pension
                      5/05, 21.8.1 i                                         time limit for claim as for basic pension R(P) 1/74,
    more than one absent parent R(CS) 5/00, 21.8.2 i,                                         13.1.2 iii
    shared care R(CS) 14/98, 21.8.3 i; R(CS) 11/02, 21.8.3 ii;            non-contributory invalidity pension
                      R(CS) 4/03, 21.8.3 iii; R(CS) 7/08,                    claim not a condition precedent to entitlement
                      21.8.3 iv; R(CS) 1/09, 21.8.3 iv                                        R 2/85, (NCIP), 2.10.2 ii
 validity of legislation R(CS) 2/95, 21.11.1 i; R(CS) 3/96,               sickness benefit
                      21.11.1 ii                                             conviction for false representation ignored R(S) 10//9,
 variations                                                                                   17.10.3 v
    dividend R(CS) 4/09, 21.12.4 i                                           deputy assumed authorised R(S) 3/53, 13.1.1 iii
    evidence and admissibility of court documents                            evidence of incapacity may follow R(S) 1/60, 13.1.1 v
                        R(CS) 5/06, 21.12.1 ii                               first certificate not followed by valid claim R(S) 2/65,
    just and equitable R(CS) 5/06, 21.12.2 i                                                  13.1.1 viii
    procedure R(CS) 2/06, 21.12.1 i; R(CS) 2/09, 21.12.1 iii                 from imposter, innocent party exercised ‘due care and
                                                                                              diligence’ R(S) 2/70, 17.7.2 ii
    revision and supersession R(CS) 5/06, 21.12.1 ii                         holidays, coinciding with R(S) 16/54, R(S) 5/60,
  special expenses                                                                            R(S) 1/67, 2.2.5 i-iii
    contact costs R(CS) 1/08, 21.12.3 i                                      time limits for claiming after
Claims for benefits                                                             discharge from hospital R(S) 3/56, 13.1.3 iii;
  abatement of, by virtue of subsequent award R(SB) 38/84,                                    R(S) 12/54, 13.3.1 ix
                       13.10.1 i                                                Sunday(s) falling within period CWS 3/48,
  advance claims                                                                              R(S) 3/56, 13.1.3 i, iii
    habitual residence R(IS) 7/06, 13.8.3 ii                                    to be made to Department of Health and Social
  general                                                                                     Security; Home Office not agents R(S) 9/
       claim received when local office closed R(SB) 5/89,                                    60, 13.1.1 vi
                       13.1.1 xii                                               where claim follows one failing contribution
       in late claim case, whether he had done all he                                         conditions R(S) 8/82, 13.1.1 ii
                       reasonably ought CG 207/49, CG 1/50,            late
                       CS 42/50, 13.3.1 ii, vi, vii                       good cause
       date of claim R(SB) 8/89, 13.1.1 xiii; R(G) 2/06,                     correct test R(I) 3/96, 13.3.1 xix
                       13.1.1 xx                                             deliberate election not to claim CS 544/49, 13.3.1 v;
    dependant, separate claim required CWS 36/50, 13.1.1 i                special hardship allowance (increase of dis. ben.)
    failure to claim not bar to entitlement R 2/85 (NCIP),                   circumstances in which fresh claim is needed R(I) 6/62,
                       18.6.2 i; R(SB) 6/86, 30.7.4 i                                         13.1.1 vii; R(I) 28/59 13.4.5 vi
    interchange with claims for other benefits R(A) 3/81,                 State Pension Credit
                       13.1.5 i, R(A) 1/97, 13.1.5 ii                        granted refugee status R(PC) 1/08, 19.4.4 viii
    in the alternative R(I) 79/54, 13.1.1 iv; R(S) 3/93, 13.1.1 iv     supplementary benefit/income support
    in unapproved form                                                       backdating
       whether acceptable, for Secretary of State to decide                     calculating the period of extension R(IS) 3/01, 13.1.3 iv,
                       R(U) 9/60, 17.1.1 viii; R(SB) 6/81,                                 R(IS) 16/04, 13.1.3 v; R(IS) 10/06, 13.1.3 vi
                       R(SB) 42/83, 30.8.1 i, iv                                good cause for R(SB) 39/85, R(SB) 5/86, R(SB) 12/
       whether constitutes a claim for statutory authorities to                               87, 30.8.1 ix-xi; R(IS) 5/91, 13.3.1 xvii
                       decide R(U) 9/60, 17.1.1 viii                            prior to 24.11.80, different tests to apply R(SB) 9/84,
    made in prescribed manner and time if in accordance                                       30.8.4 ii
                       with legislation of Community state of                   responsibilities of supplementary benefit officer
                       residence CS/102/77, R(S) 1/80,                                        R(SB) 9/84, 30.8.4 ii
                       19.1.10 i & ii                                           to a weekend (special circumstances) R(SB) 12/87,
    not to be withdrawn once adjudicated R(U) 2/79,                                           30.8.1 xi
                       R(U) 7/83, 13.7.1 iii                              claimant unable to act,
    posted, is claim made R(I) 2/71, 13.1.1 x                                appointee under SS Act not an appointee under SB
    provision of National Insurance Number R(H) 7/06,                                         R(SB) 9/84, 30.8.4 ii; R(IS) 5/91,
                       13.14.1 i                                                              13.3.1 xvii
    scope of claim R(IS) 8/95, 13.1.1 xv                                  failure to claim no bar to entitlement R(SB) 6/86, 30.7.4 i
    time limits and the European Convention on Human                      general claim for benefit, construction of R(SB) 56/83,
                       Rights R(P) 1/06, 19.4.5 i                                             30.8.1 vi
    withdrawn before adjudication R(U) 11/80, 13.7.1 ii                   refugee - whether notification to claimant’s solicitor is
  individual benefits                                                                         notification to claimant
    attendance allowance                                                  whether breach of regulation 4(5) Claims and Payments
       delay in applying for review R(A) 2/81, 13.4.6 i                                       Regulation suspends time limit for claim
    child benefit                                                      unemployment benefit
       necessity of claim for each child R(F) 3/96, 6.1.9 i,              daily benefit, claim on specified day R(U) 6/75, 13.5.4 ii
                       13.1.1 xvi                                         delay or failure to make or prosecute claim, bar to
    disablement benefit                                                                       entitlement R(U) 7/86, 1.1.4 iii
       no limit for gratuity R(I) 5/82, 10.2.2 ii; R(I) 27/52,         widow’s pension
                       13.1.2 ii                                          continuous need to be shown for the whole period
       time limit for claim R(I) 2/79, 9.4.5 iv; R(I) 16/51,                                  R(IS) 5/91, 13.3.1 xvii
                       13.1.3 ii                                          tribunal award from ‘some future date’ R(G) 2/53, 7.5.1 i
    family income supplement                                           good cause
       date of receipt in DHSS office R(FIS) 1/82, R(FIS) 3/              belief reasonably held R(SB) 6/83, 30.8.1 ii
                       82, 31.3.1 i, ii
Supplement 69 [8/2009]
                                                                         Cla
Claims for benefits (contd)                                                    Claims for benefits (contd)
    delay in claiming by person acting on behalf of claimant                          transsexuals, entitlement considerations R(P) 1/80,
                       R(P) 2/85; 13.5.2 iii; R(SB) 17/83,                                            R(P) 2/80, 5.4.8 i, ii; R(P) 1/07
                       R(SB) 12/87, 30.8.1 iii, xi; R(SB) 9/84,                                       19.1.2 xxvii
                       30.8.4 ii; R(IS) 5/91, 13.3.1 xvii                             widow abroad ignorance of rights R(P) 5/58, 13.4.2 iii
    distinction between notification and claim discussed                           sickness benefit
                       CS 537/49, 13.3.1 iv; R(S) 19/52,                              belief employer claiming CS 80/49, 13.4.3 i;
                       13.5.3 vi                                                                      CS 99/49, 13.5.3 i
    Eley v. Bedford not apposite R(S) 1/73, 13.3.1 xii                                belief full wages payable and no overlap with benefit
    failings of an appointed person, not to be imputed to                                             allowed R(S) 2/63, 13.3.1 xi
                       claimant R(SB) 9/84, 30.8.4 ii                                 belief no residual title to benefit R(S) 10/59, 13.4.3 ix
    meaning of CS 371/49, CS 554/49, CS 42/50, R(S)                                   claim mislaid on employer’s premises R(S) 25/52,
                       2/63, R(G) 2/74, R(G) 1/75, 13.3.1 iii, v, vii,                                13.4.3 v
                       xi, xiii, xiv; R(P) 2/85, 13.5.2 iii;                          claim on behalf of former mental patient R(S) 3/53,
                       R(SB) 6/83, 30.8.1 ii                                                          13.4.3 vi
    onus is on claimant to make reasonable enquiries as to                            contact with infectious disease R(S) 18/52, 13.3.2 v
                       rights R(S) 8/81, 13.3.1 xvi; R(G) 3/53,                       doctors’ omission to issue certificate R(S) 36/52,
                       13.3.2 vi                                                                      13.6.2 iv
    onus not on doctor to advise R(S) 5/56, 13.3.1 x                                  doctors’ opinions at variance R(S) 29/52, 13.6.2 iii
    ‘reasonably practicable’, meaning of R(SB) 6/83,                                  employer’s omission to send on certificates from
                       R(SB) 5/86, 30.8.1 ii, x                                       foreign claimant CS 100/49, 13.4.3 ii
    shown for                                                                         failure to notify incapacity CS 537/49, 13.5.3 iii
       no part of delay period R(U) 35/56, 13.1.4 iii                                 illness CS 42/50, R(S) 21/54, R(S) 6/60
       only part of delay period R(S) 2/63, 13.1.4 iv;                                                13.4.3 iii, viii, xi
                       R(S) 2/63, 13.3.1 xi                                           misunderstanding
       whole period R(S) 2/63, 13.1.4 iv; CS 34/49, 13.3.1 i;                            of effect of election not to contribute R(S) 11/59,
                       R(SB) 12/87, 30.8.1 xi; R(IS) 5/91,                                            3.6.1 i
                       13.3.1 xvii                                                       of information received R(S) 14/54, 13.4.3 vii
    tolerance for persons abroad R(G) 3/53, 13.3.2 vi;                                   of sick pay arrangements R(S) 2/60, 13.4.3 x
                       R(P) 5/58, 13.4.2 iii                                          omissions not pointed out by officials R(S) 3/63,
    to obtain interpretation and advice, illiteracy, ignorance                                        13.3.2ix
                       or language difficulty not enough                              parents of claimant at fault R(S) 4/52, 13.4.3 iv
                       R(G) 1/75, 13.3.1 xiv                                          persons entering hospital CS 42/50, 13.3.1 vii
       where claiming delegated to verify claim made                                  persons leaving hospital R(S) 12/54, 13.3.1 ix
                       CG 207/49, 13.3.1 ii                                           phobia of medicine R(S) 7/61, 13.4.3 xii
  good cause accepted                                                                 reliance on advice received
    death grant                                                                          from doctor CS 286/49, 13.6.2 i
       consideration CG 1/50, 13.3.1 vi                                                  from solicitor and insurance collector, no overlap
       neglect by claimant’s solicitors CG 1/50, 13.6.3 i                                             with damages CS 50/50, 13.6.3 iv
       reasonable delegation by beneficiary CG 1/50, 13.3.1iv                      special hardship allowance (increase of dis. ben.)
    disablement benefit                                                               after extension of disablement assessment on appeal
          no loss of faculty expected CI 273/50, 13.4.5 i                                             R(I) 28/59, 13.4.5 vi
          pneumoconiosis                                                              circumstances in which fresh claim is needed
            confirmation awaited R(I) 40/59, 13.4.5 vii                                               R(I) 6/62, 13.1.1.vii; R(I) 28/59, 13.4.5 vi
            not diagnosed, found at post-mortem R(I) 24/58,                           claims after the repeal of severe hardship allowance
                       13.4.5 v                                                                       (preserved rights) R(I) 3/99, 13.1.1 xvii
            not suspected R(I) 6/54, 13.3.3 i                                         (part period) relied on official advice R(I) 10/74,
          revival of claim previously withdrawn R(I) 69 52,                                           13.4.5 viii see also good cause not
                       13.4.5 ii                                                                      accepted
          unaware disablement due to accident R(I) 51/54,                          supplementary benefit
                       13.3.3 ii                                                      severe mental handicap R(SB) 56/83, 30.8.1 vi
    increase of benefit for adult dependant                                           unable to act through mental disablement R(SB) 9/84,
       reasonable ignorance and failure to enquire R(P) 1/79,                                         30.8.4 ii; R(IS) 5/91, 13.3.1 xvii
                       R(S) 3/79, 13.3.2 x, xi                                     unemployment benefit
       within 3 weeks of claimant’s discharge from hospital                           day spent seeking work R(U) 20/56, 13.4.4 iv
                       R(S) 12/54, 13.3.1 ix                                          disallowance reversed on appeal R(U) 6/52, 13.4.4 ii
    injury benefit                                                                    no unreasonable delay R(U) 9/74, 13.4.4 v
       cause of illness not apparent R(I) 43/55, 13.4.5 iv                            observance of Jewish feast-days R(U) 33/58, 13.3.4 ii
       employers said they would claim R(I) 28/54, 13.4.5 iii                         official advice given insufficient R(U) 3 60,
       married woman misled by leaflet R(I) 25/61, 13.6.1 iv                                          R(U) 3/70, 13.6.1 ii, vii
       reliance on advice received CSI 10/50, 13.6.3 ii                               reliance on union to claim CU 78/49, 13.4.4 i
    maternity benefit                                                                 wages expected in lieu of notice R(U) 1/54, 13.4.4 iii
       interpretation of leaflet R(G) 4/68, 13.6.1 vi                              widow’s pension
       language difficulties R(G) 1/75, 13.4.1 iii                                    advantage not taken of legislation change R(G) 2/74,
    retirement pension                                                                                13.4.1 ii
       entitlement subject to claim 13.1.1 xviii, xix                                 presumption of husband’s death CG 153/149, 13.4.1 i
       did not receive notice of entitlement R(P) 10/59, 13.4.2 iv               good cause did not arise
       for reasonable period after coming into force of new                        injury benefit
                       regulations R(P) 3/59, 13.5.2 ii                               claim posted is claim made R(I) 2/71, 13.1.1 x
       reasonable assumption as to age CP 48/49, CP 1/50,                          sickness benefit
                       13.4.2 i, ii                                                   deceased’s claim, prior to appointment of
                                                                                                      representative CS 453/50, 13.3.1 viii
                                                                                                          Supplement 69 [8/2009]
                                                             Ear-Eng
Earnings (contd)                                                   Earnings (contd)
   retirement pension (for increase of see below)                             insurance premiums, rent, cost of food CP 2/48,
     business profits                                                                    5.3.1 ii
        calculation and estimation; review, repayment                         value of free accommodation CP 1/48, 5.3.1 i
                        R(P) 1/73, R(P) 3/84, 5.2.1 iii, vi;             weeks in that assessment period meaning of
                        R(P) 1/89, 5.2.1 viii                                            R(P) 3/84, 5.2.1 vi
        ordinarily computed yearly R(P) 8/59, 5.2.1 i                    wife in gainful occupation as husband’s business
        shared, husband/wife partnership R(P) 1/76, 5.2.1 v                              partner R(S) 3/61, 7.2.2 vii
     gainful occupation                                                wife not engaged in gainful occupation
        deductions from earnings allowable                               brief or limited running of sick husband’s business
           expenses not reimbursed R(P) 1/87, 5.2.2 v                                    CSS 133/39, R(S) 8/56, 7.2.3 i, ii
           food and expense of caring for invalid wife              sickness benefit
                        R(P) 2/54, 5.2.2 i                             deeming of incapacity
           PAYE income tax actually deducted R(P) 3/56,                  earnings entitled to not received, reference period
                        R(P) 3/62, 5.2.3 i, ii                                           R(S) 6/86, 2.3.5 iii
           reasonable cost of travel home for meal R(P) 1/66,       unemployment benefit
                        5.2.2 iii                                      not entitled, because of earnings in relevant income tax
        deductions from earnings, not allowable                                          year (defined) R(U) 4/68, 1.17.1 ii
           civil service superannuation                                equivalent standard, meaning of R(I) 42/61, 11.3.5 viii;
              abatement of R(P) 1/64, 5.2.2 ii                                           R(I) 1/72, 11.4.1 ii
              contributions to R(P) 2/75, 5.2.1 iv                     seasonal and
           tax on earnings deducted from other income
                        R(P) 2/66, 5.2.3 iii                            share fishermen   }see under Unemployment benefit
        engaged in, on free-paid basis                              subsidiary see under Special hardship allowance and
           city councillor R(P) 2/76, 5.1.6 ii                                           Unemployment benefit
           company director R(P) 9/55, 5.2.4 iii                    suspended R(U) 28/52, 1.1.1 v; R(U) 1/76, 1.1.2 xi;
           member of court of city livery company, fees not                              R(U) 3/65, 1.2.2 iii, R(U) 20/57,
                        eligible for earned income relief                                R(U) 21/57, 1.3.4 i, ii; R(U) 10/71,
                        R(P)1/65, 5.2.4 v                                                1.4.2 v; R(U) 16/59, R(U) 4/67,
           retired accountant/advisor; fees eligible for earned                          R(U) 11/72, R(U) 2/75, R(U) 10/80,
                                                                                         R(U) 14/80, R(U) 4/81, R(U) 6/81,
                        income relief R(P) 1/69, 5.2.4 vi
                                                                                         1.11.9 i-viii; R(U) 1/76, 1.13.3 x;
        meaning of
                                                                                         CWU 7/48, 1.14.5 i; R(U) 19/59,
           earnings R(P) 7/61, 5.3.1 viii; R(P) 1/87,                                    1.14.9 iii; R(U) 1/62, R(U) 7/63,
                        5.2.1 vii; 7.2.2                                                 R(U) 7/68, R(U) 8/68, 1.14.10 i-iv;
           gainful occupation CP 129/50, 5.2.4 i                                         R(I) 34/54, 7.4.2 ii; R(I) 18/60, 11.1.1 xi
        not engaged in                                              suspension and termination distinguished R(U) 16/59,
           member of religious order R(P) 7/54, 5.1.7 ii                                 1.11 9 i
           owner of buildings let CP 129/50, 5.2.4 i                termination of see under Unemployment benefit
           recipient of pre-retirement wages paid after             trade dispute see under Unemployment benefit and
                        R(P) 17/52, 5.4.4 iii                                            Unemployment benefit,
           retired accountant/adviser R(P) 4/67, 5.2.4 v                                 disqualification
   losses offset against gains R(P) 2/60, 5.2.1 ii                  voluntarily leaving see under Unemployment benefit,
   net remuneration before tax R(P) 2/66, 5.2.3 iii                                      disqualification
retirement pension, sickness, invalidity and unemployment          Emergencies, accidental injury from see under
                        benefits, increase of                                            Accidental injury
   computation of earnings                                         Employment
     not immediately ascertainable R(S) 1/82, R(S) 3/83,            ‘casual nature’ meaning of R(U) 16/59, 1.11.9 i
                        7.5.1 i, ii                                 days of, estimated R(U) 7/72, 1.12.1 x
   earnings of wife                                                 distant R(U) 14/52, R(U) 31/59, 1.5.5 i, iv; R(U) 41/52,
     ceased one day, increase payable next R(P) 2/56, 5.3.1 v                            1.6.3 i; R(U) 20/55, R(U) 34/58,
     commission, averaging of CP 3/48, 5.3.1 iii                                         1.6.4 vii, ix; R(U) 14/58, 7.1.2 v;
     deductible, fares and national insurance CP 2/48, 5.3.1 ii                          R(I) 24/57, 11.3.8 i
     during receipt of                                              ‘employed’, meaning of CI 60/49, 9.1.1 i
        employer’s sick pay R(S) 8/58, R/P 7/61, 7.2.2 vi, viii     employment and wages discussed CU 137/49,
        holiday pay R(S) 2/55, 7.2.2 iv                                                  R(U) 21/56, 1.13.1 i, ii; CSU 49/50,
     help given from home to husband’s profession                                        R(U) 30/56, 1.13.4 i, ii
                        R(S)17/52, 7.2.2 iii
     keeping boarding house, depending on number of
                        boarders R(S) 3/51, 7.2.2 ii
     protracted running of sick husband’s business
                                                                    engaged in any
                                                                                       }
                                                                    full extent normal see under Unemployment benefit
                                                                    guaranteed week
                                                                    interruption of,
                        CS 509/50, R(S) 11/56, 7.2.2 i, v              period of
     self-employed earnings - partnerships R(P) 2/92, 5.2.4 viii          length to include all days of incapacity for work
     tapered earnings rule ceases to apply R(P) 4/93, 5.3.1 xi                           R(S) 1/56, 2.1.3 i
        to be included                                              link with workmen’s compensation R(I) 34/57, 17.10.1 i;
              business profits overseas R(P) 1/70, 5.3.1 ix                              CI/374/66, 18.1.1 v
              business profits, where wife takes over R(P) 7/5,    English language
                        5.3.1 iv                                    meaning of ordinary word not a question of law
              employer’s sick pay; whether ex gratia not                                 R(SB) 1/83, 30.5.2 i
                        decisive R(P) 7/61, 5.3.1 viii
Supplement 69 [8/2009]
                                                             Err-Eur
Erroneous in point of law see under Attendance allowance,           European Community law (contd)
                      Medical appeal tribunals and Social            general matters
                      security appeal tribunals                         agreement with third party R(P) 3/96, 19.5.7 xi
Estoppel R(F) 3/61, 13.6.1 iii; R(A) 2/86, 17.7.1 ii;                   nationality
                      R(SB) 12/84, 17.8.1 vii; R(S) 4/74,                  dependent child resident in another EU state R(IS) 6/05,
                      R(SB) 8/83, R(SB) 54/83, R(SB) 12/84,                                19.1.3 iv
                      17.10.10 ii, iv-vi;                                  indirect discrimination R(S) 2/93, 19.1.3 ii
                      R(SB) 7/87, 30.2.2 xxxii                       interpretation by statutory authorities subject to appeal to
European Community law                                                                     High Court on point of law R(S) 4/74,
  Act 1972 R(S) 4/74, 19.1.1 i                                                             19.1.1 i; R(S) 1/78, 19.1.4 iv
  claim                                                                 reference to ECJ
     made in one EEC country acceptable in another                         at stage decided by national court
                      R(S) 3/82, 19.5.7 iv                                    by Commissioner R(S) 1/81 and R(S) 2/81, 19.1.1
     made for Italian invalidity benefit, treated as for British                           ix & x; R(S) 1/77, 19.1.4 ii
                      benefits CS/102/77, 19.1.10 i                           by High Court R(S) 1/80, 19.1.1 viii
     made in prescribed manner and time if made in                         by tribunal of Commissioners R(S) 1/99, 19.1.1 xv
                      accordance with legislation of EEC                   no reference where
                      country of residence R(S) 1/80,                         national law already favours claimant R(S) 1/77,
                      19.1.10 i                                                            19.1.1 vi
     time limits R(IS) 3/06, 19.1.10 iii; R(P) 1/09,                       remedy under British law R(S) 5/83, 19.1.1 xi
                      19.1.2 xxviii                                        small amount involved CU 13/77, 19.1.1 vii
  competent authority, meaning of CS 1/75, 19.1.1 ii                    opinions of Advocates General, authority of R(A) 2/78,
  competent institution, meaning of R(U) 4/84, 19.1.1 xii                                  19.1.3 i
  competent state, meaning of R(U) 4/84, 19.1.1 xii                        text in other EEC languages R(I) 1/75, 19.1.1 iii
  competent institution R(S) 3/92, 19.1.4 ix; R(G) 1/89,             jobseekers allowance
                      19.1.4 viii                                       asylum seeker ECSMA R(JSA) 7/02, 19.2.3 i
  contributions                                                         equal treatment R(JSA) 1/05, 19.1.2 xxvi
     bearing on satisfaction of contribution conditions for S           student R(JSA) 3/02, 19.1.2 xxiii
                      of S subject to appeal on point of law, or        availabilty, hours R(JSA) 4/02, 19.1.2 xxiv
                      reference, to High Court; decision                reduced earnings allowance R(I) 2/00, 19.1.2 xxi,
                      binding on statutory authorities CS 8/76,         supplementary benefit R(SB) 8/91, 19.1.2 xii;
                      19.1.1 iv                                                            R(SB) 6/91, 19.1.2 xi
  conventions                                                           term time workers R(JSA) 4/03, 19.1.2 xxv
     Austria Order, UK invalidity benefit R(S) 1/89, 19.8.6 i           unemployment benefit R(U) 10/88, 19.1.2 vi;
  Directive 79/7 on equal treatment R(G) 2/86, 19.1.2 i;                                   R(U) 3/92, 19.1.2 xiv
                      R(P) 3/88, R(P) 4/88, 19.1.2 iv & v            jurisdiction
                      R(FIS) 2/88, 19.1.2 ii; R(U) 10/88,               Northern Ireland R(U) 9/61, 19.8.12 i; R(SB) 1/90,
                      19.1.2 vi; R(S) 2/89, 19.1.2 vii;                                    19.8.12 iii
                      R(P) 3/90, 19.1.2ix; R(G) 3/89,                   Northern Irish v. GB in GB case R(S) 5/85, 19.1.1 xiii,
                      19.1.2 viii; R(P) 1/96, 19.1.2 xviii;                                19.8.12 ii
                      R(I) 2/00, 19.1.2 xxi; R(JSA) 1/05,            particular benefits
                      19.1.2 xxvi; R(P) 1/07, 19.1.2 xxvii ;            attendance allowance (non-contributory)
                      R(P) 1/09; R(CS) 1/09, 19.1.2 xxviii;                entitled
                      R(P) 2/09, 5.4.8iii                                     widow of Irish worker treated as British subject
     claims R(P) 4/88, 19.1.2 v                                                            UK born R(A) 2/78, 19.1.3 i
     general principles R(P) 1/95, 19.1.2 xvi; R(S) 2/88,                  not entitled
                      19.1.2 iii; R(S) 2/89, 19.1.2 vii;                      meaning of
                      R(P) 1/96, 19.1.2 xviii                                    insured in one or more member states R(S) 3/92,
  EEC law, in relation to R(U) 4/84, 19.1.1 xii                                            19.1.4 ix
     ICA R(G) 2/86, 19.1.2 i; R(S) 2/89, 19.1.2 vii                              not ordinarily resident and present in R(A) 2/94,
     income support R(IS) 10/91, 19.1.2 xii; R(IS) 4/99,                                   19.5.1 v; R(A) 4/75, 19.9.1 vi
                      19.5.1 vi                                      residence and presence conditions to be satisfied once
     increase for dependants R(P) 3/88, 19.1.2 iv; R(P) 1/96,                              medical conditions are R(A) 4/75,
                      19.1.2 xviii                                                         19.9.1 vi
     indirect discrimination R(S) 2/93, 19.1.3ii; R(U) 3/92,            child benefit/family allowances
                      19.1.2 xiv                                           employed person with family in another Member
  habitual residence test R(IS) 6/96, 19.3.4 ii; R(IS) 2/00,                               State R(F) 1/94, 19.5.7 viii
                      19.1.2 xxii; R(IS) 6/99, 19.3.3 i;                one parent employed by UK company and other parent
                      R(IS) 9/99, 19.3.3 ii; R(IS) 3/00,                                   employed in Ireland payment of a
                      19.3.3 iii; R(IS) 12/98, 19.1.4 xi;                                  supplement R(F) 1/95, 19.5.7 x
                      R(IS) 6/00, 19.3.3 iv; R(IS) 11/01,               one parent in GB, other in Netherlands R(F) 2/88, 19.1.9 iv
                      19.3.3 v; R(IS) 5/02, 19.3.3 vi;                        CHB payable, husband in receipt of war pension
                      R(IS) 1/06, 19.3.3 vii; R(JSA) 3/06,                                 R(F) 1/98, 19.1.9 v
                      19.3.3 viii                                             suspension of benefit R(F) 2/88, 19.1.9 iv
     EC nationals R(IS) 3/97, 19.1.4 x                                  one parent in UK, other in Irish Republic R(F) 1/76,
     persons from abroad R(IS) 13/98, 19.3.2 vii                                           19.5.1 i; R(F) 2/83, 19.1.9 ii;
     recovery for foreign benefit R(IS) 6/02, 19.1.8 iv                                    R(F) 1/88, 19.5.7 vi
     right to reside R(IS) 8/07, 19.3.3 ix; R(IS) 3/08, 19.3.3 x;             suspension of benefit R(F) 2/83, 19.1.9 ii;
                      R(IS) 6/08, 19.3.3 xi; R(IS) 8/08,                                   R(F) 1/88, 19.5.7 vi
                      19.3.3 xii; R(IS) 3/09, 19.3.3 xiii; R(IS)        payable with a pension R(F) 1/94, 19.5.7 viii
                      4/09, 19.3.3 xiv, R(IS) 5/09, 19.3.3 xv           professional or trade activity R(F) 1/88, 19.5.7 vi
                                                                                                      Supplement 69 [8/2009]
                                                          Hol-Hou
Holidays (contd)                                                Hospital (contd)
    not on holiday                                               mental patient in R(S) 4/56, 2.2.14 i; R(S) 16/53, 2.7.4 i;
         on day not recognised under agreement                                        R(S) 12/56, 2.8.8 ii, R(P) 10/54,
                      R(U) 11/53, 1.14.3 v                                            5.4.2 i; R(S) 31/52, R(S) 25/54,
         supply teacher, contract terminated at half-term                             R(S) 14/55, R(S) 8/60, 7.1.1 i, iii,
                      R(U) 2/87, 1.14.3 xi                                            iv, vi; R(S) 7/55, 7.1.2 iv; R(S) 15/51,
    school/college/university                                                         R(P) 5/54, R(S) 2/57, 7.1.3 ii-iv;
      non-teaching staff                                                              R(S) 6/52, 7.3.6 ii; CS 638/49,
         held to be on holiday                                                        7.3.7 ii; R(S) 10/51, 12.3.1 i;
            token wages for each week R(U) 38/52, 1.1.2 ii                            R(S) 3/53, 13.4.3 vi
         not on holiday                                          outpatient CWI 20/49, CS 69/50, 2.2.1 i, ii; R(S) 1/67,
            seasonal worker R(U) 22/53, R(U) 23/53,                                   2.2.5 iii; CI 142/49, 12.1.4 i
                      R(U) 27/53, R(U) 19/54, R(U) 6/55,         reduction of benefit after 52 weeks in R(P) 2/62, 5.4.1 iii
                      1.15.2 iv-vii; R(U) 19/62, 1.15.4 iv       reports not used because detrimental R(S) 1/58, 17.9.5 vi
            while stood off                                      voluntary patient R(S) 16/53, 2.7.4 i
               paid retaining fee only R(U) 6/68, 1.1.1 xi      Hospital treatment allowance (increase of dis. ben.)
               with 7 days holiday pay R(U) 17/62, 1.14.6 vi     entitled
               without pay CWU 7/48, 1.14.5 i                       from date of entry into hospital (2 days before pension
                                                                                      started) CI 14/50, 10.4.2 i
    teaching staff
                                                                 not entitled
      held to be on holiday
                                                                    condition treated not relevant R(I) 1/67, 7.4.3 ii
         customary unpaid R(U) 7/54, 1.1.2 iii
                                                                    not an in-patient; meaning of ‘in-patient’ R(I) 27/59,
         not terminated CU 21/48, R(U) 1/62,
                                                                                      7.4.3 i
                      R(U) 18/64, 1.14.6 ii , v, viii;
                                                                 treatment
                      R(U) 8/68, 1.14.10 iv                         approval of, for S of S R(I) 68/53, 17.1.1 v
         part-timer on paid customary holiday R(U) 4/88,            whether treatment for relevant loss of faculty, and
                      1.14.6 xii                                                      whether received, for statutory
      not on holiday                                                                  authorities R(I) 68/53, 17.1.1 v
         music teacher                                          House of Lords
            hourly-paid in term only R(U) 20/51, 1.1.1 iii;      claim in relation to entitlement R 2/85 (NCIP), 18.6.2 i
                      R(U) 7/63, 1.14.5 iv                       community programme, employed to full extent normal
            intermittent second occupation R(U) 7/63,                                 R(U) 9/88, 1.11.5 vii
                      1.14.5 iv                                  Practice Statement (Judicial Precedent) R(U) 4/88, 7.4.1 xxii
         seasonal worker R(U) 9/71, 1.15.2 xv                   Housing Benefit
         supply teacher, contract terminated at half-term        appeals
                      R(U) 2/87, 1.14.6 xi                          choice from whom to recover overpayment from
         temporary before, permanent after R(U) 2/66,                                 R(H) 2/03, 32.3.1 i; R(H) 7/04,
                      1.14.6 x                                                        32.3.1 ii, R(H) 6/06, 32.3.1 iii,
         terminated and resumed elsewhere R(U) 1/66,                                  R(H) 10/07, 32.3.1
                      1.14.5 vi                                     responsibilities of LA as respondent R(H) 1/05, 32.3.2 i,
Home                                                                                  R(H) 3/05, 32.3.2 i
 meaning of deceased’s home R(IS) 11/92, 29.17.1 ii                 right of appeal - refusal to give decision on claim
 value of in maintenance R(U) 3/66, 7.2.1 vi; R(S) 6/52,                              R(H) 3/05 32.3.3 i
                      7.3.6 ii                                      right of appeal - termination R(H) 4/08, 32.3.5 i
Hospital                                                         conditions of entitlement
 case notes available to medical authorities R(I) 6/67,             incapacity for work under a savings provision
                      14.3.2 iii, R(I) 13/74, 17.3.8 vi             meaning of “exempt accommodation” under a savings
 discharge from, whether authorised R(S) 1/54, R(S) 12/56,                            provisions (R(H) 2/07, 32.4.4 i,
                      2.8.8 i, ii                                                     R(H) 7/07, 32.4.4 i; R(H) 6/08,
 free in-patient treatment in CSI 31/49, R(S) 9/52,                                   32.4.4 iii; R(H) 4/09, 32.4.4 iv
                      R(S) 4/84, 2.8.1 i-iii;                       meaning of “houseboat” R(H) 9/08, 32.4.4 i
                      R(S) 2/52, 2.8.2 i; R(S) 28/52,               “meaning of “long tenancy”” R(H) 3/07, 32.4.5 i
                      R(S) 4/53, 2.8.3 i, ii;                       occupying a dwelling as the home - the date a person
                      R(S)16/53, 2.8.4 i; R(S) 2/54, 2.8.5 i;                         moves in R(H) 9/05, 32.4.2 ii
                                                                                      R(H) 4/06, 32.4.2 iii; R(H) 4/07,
                      R(S) 8/51, R(S) 25/54, R(S) 4/84,
                                                                                      32.4.2 iv
                      2.8.6 i-iii, R(S) 4/54, R(S) 26/54,
                                                                    right to reside; R(PC) 2/07, 32.4.6 ii
                      R(S) 6/58, 2.8.7 i-iii; R(P) 13/52,
                                                                    new tenancy - whether benefit to be paid from second
                      R(P) 17/55, R(P) 2/62, R(P) 1/67,
                                                                                      or third week of tenancy R(H) 4/03,
                      5.4.1 i-iv,
                                                                                      32.4.1 i
 free of charge, meaning of R(S) 2/54, 2.8.5 i                      right to reside R(IS) 8/07, 32.4.6 i; R(IS) 6/08, 32.4.6 iii;
 in-patient, meaning of R(S) 1/58, 2.2.2 v; R(IS) 8/96,                               R(IS) 3/09, 32.4.6 iv
                      2.8.l iv; R(P) 1/67, 5.4.1 iv;                start date of payment R(H) 9/07, 32.4.1
                      R(I) 27/59, 7.4.3 i                        eligible and ineligible payments - availability of suitable
 late claim due to treatment in R(S) 3/56, 13.1.3 iii;                                cheaper accommodation R(H) 2/05,
                      CS 42/50, R(S) 12/54, 13.3.1 vii, ix;                           32.2.3 i
                      CG 207/49, 13.5.1 ii                       expenses of self-employed earners R(H) 5/07, 32.7.1 i
    Sundays, in calculating weeks out of R(S) 3/56,              income treated as capital R(H) 5/05, 32.2.4 i
                      13.1.3 iii                                 liability to make payments in respect of a dwelling
                                                                    claimant and landlord in the dwelling R(H) 5/06, 32.2.7 i
                                                                    relinquishment of ownership - whether test subjective or
                                                                                      objective R(H) 6/07, 32.2.8 i
Supplement 69 [8/2009]
                                                            Hou-Inc
Housing Benefit (contd)                                           Ignorance of entitlement, rights and duties R(S) 2/65,
     whether tenancy agreement is a sham R(H) 3/03, 32.2.2 i                             13.1.1 viii, R(S) 2/63, R(G) 1/75,
     whether tenancy on a commercial basis - tenancy                                     13.3.1 xi, xiv; CS 35/48, CWG 2/49,
                    created by law R(H) 10/05, 32.2.1 ii                                 CG 125/50, R(U) 5/52, R(S) 18/52,
  capital and income - general                                                           R(G) 3/53, R(P) 5/58, R(P) 5/61,
     expenses of self-employed earners R(H) 5/07, 32.7.1 i                               R(S) 3/63, R(P) 1/79, R(S) 3/79,
     self-employed earners calculation of income R(H) 5/08,                              R(I) 8/81, 13.3.2 i-xii; R(I) 6/54,
                       32.7.2 i                                                          R(I) 51/54, 13.3.3 i, ii; R(P) 10/59,
  membership of family                                                                   13.4.2 iv; CS 80/49, CS 100/49,
     meaning of “partner” R(H) 6/04, 32.5.1 i                                            R(S) 4/52, R(S) 14/54, R(S) 10/59,
       local authority not bound by DWP decision maker                                   R(S) 2/60, 13.4.3 i, ii, iv, vii, ix, x;
                       R(H) 9/04, 32.5.2 i                                               R(G) 15/56, 13.5.1 iii; CS 156/49,
  overpayments                                                                           R(S) 19/52, R(S), 1/73, 13.5.3 ii, vi,
     amendments to legislation on recoverability-                                        vii; R(S) 11/59, 13.6.1 i
       whether retrospective R(H) 3/09, 32.1.3 i                  Incapacity benefit
     failure of housing officer to pass information to benefit      councillor's allowance - treatment of tax and NI
                       office R(H) 10/08, 32.1.1 iv                                      R(IB) 3/01, 2.14.1 i
     official error                                                 reduction of incapacity benefit for occupational pension
       making a new award on the best information currently                              payments R(IB) 1/04, 2.15.1 i
                       available R(H) 2/04, 32.1.1 iii              whether amount of pension gross or net of income tax to
       notice of payment R(H) 1/02, 32.1.1 i                                             be used in calculation R(IB) 3/05, 2.15.1 ii
       requirement to check correctness of IS award               Incapacity for following regular occupation or
                       R(H) 1/04, 32.1.1 ii                                              suitable employment of equivalent
  offsetting                                                                             standard see under Special hardship
       benefit period ended R(H) 2/03, 32.1.2 i,                                         allowance
                       R(H) 1/05, 32.1.2 ii                       Incapacity for self-support see under Increases of benefit
  Payments                                                                               for dependants, also CI 266/50, 12.3.2 ii
     benefit paid to tenant where duty to pay to landlord         Incapacity for work see under Absence from GB,
                       R(H) 1/08, 32.9.1 i                                               Evidence, Holidays, Hospital, Hospital
     payments by an owner R(H) 7/05, 32.2.5 i; R(H) 8/07,                                treatment allowance, IB, Invalidity
                       32.2.6 i                                                          benefit and pension, Sickness benefit,
  rent to former partner for home previously shared -                                    Unemployability supplement for pre
                       possible discrimination R(H) 6/05,                                13.4.95 decisions
                       32.2.5 i                                   Incapacity for work from 13.4.95
  whether gross income means Incapacity Benefit actually            activities and Descriptors
                                                                       general R(IB) 2/99, 2.13.1 i 2(e), 5(b) and (c),
                       received or the notional rate R(H) 2/09,
                                                                                         R(IB) 1/99, 2.13.2 ii
                       32.7.3 i
                                                                       4 R(IB) 6/04, 2.13.2 x
  whether tenancy on a commercial basis R(H) 1/03, 32.2.1 i
                                                                       4 and 8 R(IB) 5/03, 2.13.2 vii
     payment to tenant or landlord R(H) 1/08, 32.2.9 i
                                                                       6(b) & (c) R(IB) 2/02, 2.13.2 iii; R(IB) 3/02, 2.13.2 iv
Human rights
                                                                       7(b) R(IB) 1/98, 2.13.2 i
  Article 1, Protocol 1 Protection of property R(P) 1/06,
                                                                       8 R(IB) 4/03, 2.13.2 vi
                       19.4.5 i; R(CS) 4/06, 19.4.5 ii;                13 R(IB) 4/04, 2.13.2 ix
                       R(PC) 1/08, 19.4.5 iii                          14 R(IB) 3/04, 2.13.2 viii
  Article 6, right to a fair trial R(IS) 1/04, 19.4.3 i; R(IS)      deemed incapacity
                       2/04, 19.4.3 ii; R(CS) 4/04, 19.4.3 iii;        regulation 28 R(IB) 8/04, 2.13.10 i
                       R(IS) 6/04, 19.4.3 iv; R(DLA) 7/04,          failure to attend medical examination R(IB) 1/01, 2.13.6 i,
                       19.4.3 v; R(IS) 15/04, 19.4.3 vi;                                 R(IB) 2/01, 2.13.6 ii
                       R(DLA) 5/06, 19.4.3 vii, R(IS) 4/08,         personal capability assessment - general
                       17.3.10 vi                                      effect on earlier days R(IB) 1/05, 2.13.7 ii
  Article 8, respect for life R(DLA) 4/02, 19.4.2 i; R(P)              electronic medical report R(IB) 7/05, 2.13.7 ii
                       1/02, 19.4.2 ii; R(IS) 7/07, 19.4.2 iii         Med 4 R(IB) 5/98, 2.13.7 i
  Article 14 Discrimination R(G) 2/04, 19.4.4 i; R(H) 8/04,         personal capability assessment exemptions - reg. 10
                       19.4.4 ii; R(IS) 12/04, 19.4.4 iii; R(P)                          R(IB) 1/08, 2.13.8 i
                       2/06, 19.4.4 iv; R(IS) 6/06, 19.4.4 v;       regulation 27, R(IB) 1/08, 2.13.8 i
                       R(IS) 12/06, 19.4.4 vi; R(H) 5/06,
                                                                    scoring the AWT/personal capability assessment
                       19.4.4 vii; R(PC) 1/08, 19.4.4 viii;
                                                                       evidence to support award of points R(IB) 2/98, 2.13.4 i
                       R(CS) 1/09, 19.4.4 ix
                                                                       under more than one activity R(IB) 3/98, 2.13.4 ii
  Retrospection R(IS) 3/02, 19.4.1 i; R(CS) 6/03, 19.4.1 ii
                                                                    treating as incapable
Husband, meaning of CG 3/49, 3.1.1 i; R(G) 1/52, 3.1.2 i;
                                                                       failure to satisfy reg. 28 conditions - effect on
                       R(G) 11/53, 3.2.4 i
                                                                                         entitlement R(IB) 1/05, 2.13.7 ii
Idle day see Unemployment benefit, full extent normal
                                                                    regulation 27, R(IB) 1/08, 2.13.8 i; R(IB) 2/09, 2.13.10 i
                                                                    working and Incapable for Work
                                                                       councillor’s allowance R(IB) 3/01, 2.14.1 i
                                                                       domestic tasks R(IB) 2/03, 2.14.2 i
                                                                       earnings R(IB) 1/06, 2.14.3 i; R(IB) 3/07, 2.14.3 ii
                                                                       treated as capable R(IB) 1/07, 2.14.4 i
                                                                                                                  Supplement 69 [8/2009]
                                                                     Inc
Income support                                                             Income support (contd)
  applicable amounts                                                           residential care and nursing homes
    habitual residence test R(IS) 6/96, 19.3.4 ii; R(IS) 2/00,                   close relative, accommodation and meals provided by
                       19.1.2 xxii; R(IS) 6/99, 19.3.3 i;                                         R(IS) 2/91, 29.4.3 i
                       R(IS) 9/99, 19.3.3 ii; R(IS) 3/00, 19.3.3                 core and cluster homes R(IS) 2/92, 29.4.3 ii
                       iii; R(IS) 12/98, 19.1.4 xi; R(IS) 6/00,                special cases
                       19.3.3 iv; R(IS) 11/01, 12.2.12 i; 19.3.3                 hospital in-patients R(IS) 8/96, 29.4.4 v
                       v; R(IS) 1/06, 29.2.12 iii                                LA accommodation leased to voluntary
       EC nationals R(IS) 3/97, 19.1.4 x                                                          organisations, whether residential
    right to reside, R(IS) 8/07, 29.2.12 iv; R(IS) 3/08,                                          “accommodation” or “residential care
                       29.2.12 vi; R(IS) 6/08, 29.2.12 vii;                                       homes” R(IS) 13/96, 29.4.4. viii
                       R(IS) 8/08, 29.2.12 viii; R(IS) 3/09,                     persons from abroad R(IS) 13/98, 19.3.2 vii;
                       29.2.12 ix; R(IS) 4/09, 29.2.12 x;                                         R(IS) 8/07, 29.2.12 iv; R(IS) 6/08,
                       R(IS) 5/09, 29.2.12 x                                                      29.2.12 vii
    housing costs                                                                prisoners R(IS) 1/94, 29.4.4 ii; R(IS) 20/95, 29.4.4 iv
       abandonment R(IS) 12/99, 29.4.1 xxix; R(IS) 2/01,                         whether claimant living in car “without
                       29.4.1 xxxi; R(IS) 9/05, 29.4.1 xxxv                                       accommodation” R(IS) 23/98, 29.4.4 ix
       acquiring an interest in the home R(IS) 18/93,                            whether child maintained by LA at residential school
                       29.4.1 ix; R(IS) 7/93, 29.4.1 vii;                                         was “resident” and to be treated as
                       R(IS) 4/95, 29.4.1 xx; R(IS) 24/95,                                        possessing income R(IS)11/96,
                       29.4.1 xxiiiv; R(IS) 1/95, 29.4.1 xviii;                                   29.4.4 vii
                       R(IS) 8/01, 29.4.1 xxxiii                                 whether “patient” on move to nursing home from
       back erosion R(IS) 14/05, 29.4.1 xxxvi                                                     hospital R(IS) 7/92, 29.4.4 i; R(IS) 18/94,
       bankruptcy R(IS) 6/94, 29.4.1 xiii                                                         29.4.4 iii
       construction of Sch. 3, R(IS) 3/94, 29.4.1 xii                            whether severely mentally handicapped claimant
       eligible costs R(IS) 11/94, 29.4.1 xv;                                                     resident in a nursing home is an in-
                       R(IS) 2/99, 29.4.1 viii                                                    patient R(IS) 10/96, 29.4.4 vi
       jointly and severally liable for loan R(IS) 4/00,                     Capital
                       29.4.1 xxx; R(IS) 19/95, 29.4.1 xxii                    actual capital R(IS) 15/96, 29.10.2 iv
       loans taken out/increased whilst in receipt R(IS) 20/98,                  attorneys R(IS) 17/98, 29.10.2 vi
                       29.4.1 xxvi; R(IS) 12/08, 29.4.1 xli;                     conditional gift R(IS) 5/98, 29.10.2 v
                       R(IS) 2/09, 29.4.1 xlii                                 assets
       move to more expensive property R(IS) 5/01,                               loan subject to repayment R(IS) 8/92, 29.10.2 i
                       29.4.1 xxxii                                            beneficial ownership R(IS) 1/90, 29.10.2 i
       purchase of formerly rented accommodation                                 conditional gift R(IS) 5/98, 29.10.2 v
                       R(IS) 8/94, 29.4.1 xiv, R(IS) 13/94                       jointly held
       qualifying loan R(IS)14/01, 29.4.1 xxxiv                                      beneficially entitled in possession R(IS) 2/93,
       repairs and improvements R(IS) 5/96, 29.4.1 xxiv                                           29.10.9 i
                       R(IS) 3/95, 29.4.1 xix; R(IS) 16/98,                          obtaining order for sale to meet purpose of will
                       29.4.1 xxv; R(IS) 22/98, 29.4.1 xxvii;                                     R(IS) 1/01, 29.10.9 iv
                       R(IS) 5/06, 29.4.1 xxxvii                                     validity of law R(IS) 26/95, 29.10.9 ii
       replacement loans R(IS) 11/95, 29.4.1 xxi                                     valuing a deemed share R(IS) 26/95, 29.10.5 vi
       responsible for R(IS) 12/94, 29.4.1 xvi                                                    R(IS) 3/96, 29.10.9 iv; 29.10.3 iii
       restricted                                                                presumption of advancement between husband and
          ability to meet costs R(IS) 13/92, 29.4.1 vi                                            wife R(IS) 2/93, 29.10.2 ii
          amount of restricted costs R(IS) 9/91, 29.4.1 iii;                     trusts R(IS) 10/99, 29.10.2 viii
                       R(IS) 1/07, 29.4.1 xxxix                                consent order on divorce right to receive sum under
          relevant factors R(IS) 10/93, 29.4.1 viii                                               R(IS) 4/96, 29.10.5 vii
          suitable alternative accommodation R(IS) 12/91,                      diminishing notional capital R(IS) 1/91, 29.10.8 i
                       29.4.1 iv                                                 not necessary to diminish notional capital R(IS) 9/92,
       service charges R(IS) 19/93, 29.4.1 xi; R(IS) 3/91,                                        29.10.8 ii
                       9.4.1 i; R(IS) 4/91, 29.4.1 ii; R(IS) 4/92,             deprivation of R(IS) 1/91, 29.10.7 i
                       29.4.1.v; R(IS) 2/07,                                     attorneys R(IS) 17/98, 29.10.7 viii
                       29.4.1 xxxviii; R(PC) 1/07, 29.4.1 xi                         conditional gift R(IS) 5/98, 29.10.2 v
       16 week period linking periods R(IS) 2/94, 29.4.1 xi                          effect of a deprivation under Supp B on IS
    premiums                                                                                      R(IS) 14/93, 29.10.7 iii
       disability premium R(IS) 8/93, 29.4.2 i; R(IS) 4/04                           effect of repayment of debts R(SB) 12/91, 30.2.1;
                       29.4.2 ix                                                                  R(IS) 15/96, 29.10.7 v
       higher pensioner premium R(IS) 7/02, 29.4.2 vii                               evidence of debts R(SB) 12/91, 30.2.1 xix
       severe disability premium R(IS) 10/94, 29.4.2 iii;                            knowledge of capital limit R(SB) 12/91, 30.2.1 xix
                       R(IS) 17/94, 29.4.2 iv; R(IS) 22/93,                          making a further claim for benefit R(IS) 9/92,
                       29.4.2 ii; R(IS) 12/96, 29.4.2 v;                                          29.10.8 ii
                       R(IS) 11/98, 29.4.2 v; R(IS) 9/02,                            purpose R(SB) 38/85, 30.2.1 x; R(SB) 40/85,
                       29.4.2 vii                                                                 30.2.1 xi; R(IS) 15/96, 29.10.7 v
    reduction because of direct payments of rent to landlord,                        rule to be considered if resource acquired of lesser
                       whether there were arrears R(IS) 14/95,                                    value R(IS) 15/96, 29.10.7 v
                       29.4.7 i                                                      when legislation supersedes a Commissioner’s
    reduction because of community charge, whether tribunal                                       decision R(IS) 9/92, 29.10.8 ii
                       has jurisdiction to require evidence of                   disregarded capital
                       liability R(IS) 1/98, 29.4.7 ii                               business assets - engaged as s/e earner
    reduction because of UB disqualification R(IS) 16/94,                                         R(IS) 14/98, 29.10.3 viii
                       29.4.6 i
Supplement 69 [8/2009]
                                                                    Inc
Income support (contd)                                                    Income support (contd)
           capital received from house sale, no immediate                        enterprise allowance, whether constituted payment for
                        intention to buy another home                                            work R(IS) 21/95, 29.2.2 iv
                        R(IS) 7/01, 29.10.3 ix                                   mini cab driver R(IS) 13/99, 29.2.2 vii
           disposal of premises, meaning of premises                             school ancillary worker R(IS) 7/96, 29.2.2 vi
                        R(IS) 4/97, 29.10.3 vi                              Employed earners
           house occupied by estranged wife R(IS) 1/97,                       application of disregard for part-time earning of casual
                        29.10.3 v
                                                                                                 supply teacher R(JSA) 8/03, 29.7.2 i
           payment in consequence of any personal injury
                                                                              calculation of net weekly earnings R(IS) 3/93, 29.7.1 ii;
                        award by Criminal Injuries
                                                                                                 R(IS) 8/95, 29.2.2 ii
                        Compensation Board R(IS) 15/96,
                                                                                 calculation of earnings of supply teacher employed
                        9.10.3 iv
                                                                                                 on day to day basis R(IS) 10/95,
           revisionary interest R(IS) 26/95, 29.10.3 ii;
                        R(IS) 1/97, 29.10.3 iv; R(IS) 14/98,                                     29.7.1 v
                        29.10.3 viii                                          expenses R(IS) 16/93, 29.7.1 iii
           value of right to receive rent R(IS) 26/95, 29.10.3 ii             L.A. Councillors R(IS) 6/92, 29.7.1 i
      metamorphosis of income into capital R(IS) 3/93,                        period over which earnings taken into account
                        29.10.2 iii                                              employed on daily basis and earnings paid monthly
      method of calculation of capital in the UK R(IS) 21/93,                                    R(IS) 10/95, 29.7.1 v
                        29.10.5 iii; R(IS) 15/96, 29.10.5 viii                   the period R(IS) 10/95, 29.7.1 v
      notional                                                                share fisherman R(IS) 12/95, 29.2.2 iii
        analogous to a partner in the business of a company                   statutory guarantee payment R(IS) 9/95, 29.7.1 iv
                        R(IS) 8/92, 29.10.7 ii                              Income
        analogous to a sole trader or partner                                 treatment of sums paid to claimant by spouse for car
 calculation of capital R(IS) 13/93, 29.10.7 iv                                                  services R(IS) 7/08, 29.6.1 i
           disregard R(IS) 13/93, 29.10.7 iv                                Membership of the family
      secured on, meaning of                                                  married couple
        loan subject to repayment R(IS) 8/92, 29.10.5 ii                         membership of the same household
        shares used as security for a loan R(IS) 8/92, 29.10.5 ii                   couple living in a residential care home R(IS) 1/99,
      valuation R(IS) 2/90, 29.10.5 i                                                            29.3.2 i
        building society account R(IS) 15/96, 29.10.5 vii                           husband living in a bail hostel R(IS)17/93, 29.3.1 i
        conditional gift R(IS) 5/98, 29.10.5 ix                             Other income
        deemed share R(IS) 26/95, 29.10.5 vi; R(IS) 3/96,                     income; whether a loan is income R(IS) 6/03, 29.9.1 v
                        29.10.3 iii, 29.10.9 iii                              income protection policies; payments R(IS)13/01,
        shares subject to a pre-emptive rights provision R(IS)                                   29.9.1 iii
                        8/92, 29.10.5 ii                                      notional income
        shares subject to the terms of a resignation agreement                   notional earnings
                        R(IS) 8/92, 29.10.5 ii                                      actual earnings paid R(IS) 2/98, 29.9.2 ii
   Conditions of entitlement                                                        meaning of earnings R(IS) 2/98, 29.9.2 ii
      prescribed category of person substantially engaged in                        meaning of volunteer R(IS) 12/92, 29.9.2 i
                        caring R(IS) 8/02, 29.2.1 i                                 payments in kind R(IS) 2/98, 29.9.2 ii
   claimant found capable of work - duty of the                               overpaid student grant R(IS) 5/99, 29.9.4 i; 29.10.2 vii
             Secretary of State to consider all                               treatment of CTC income during transitional period
           prescribed categories R(IS) 10/05, 29.2.1 iii                                         R(IS) 3/05, 29.9.1-2 vi
        absence from GB, R(IS) 10/98, 19.5.7 xii                              treatment of payments from structured settlement
        availability for employment                                                              annuities R(IS) 10/01, 29.9.6 i
        assuming adverse decision R(IS) 6/91, 29.2.6 i                        treatment of sick pay on termination of employment
        person appealing against incapacity for work decision                                    R(IS) 8/99, 29.9.5 i
                        R(IS) 2/05, 29.2.1 ii                                 voluntary payment R(IS) 4/94, 29.9.1 i
        work experience in Europe R(IS) 10/98, 29.2.6 ii                      war disablement pension
      persons from abroad                                                        treatment of service invaliding pension R(IS) 3/99,
        asylum seekers R(IS) 14/99, 19.3.1 i; R(IS) 15/99,                                       29.9.3 i
                        19.3.1 ii; R(IS) 9/01, 19.3.1 iii;                    whether income should be calculated net of tax R(IS) 4/05,
                        R(IS) 8/08, 29.2.12 viii                                                 29.9.1-2 vii
        right to reside R(IS) 8/07, 29.2.12 iv; R(IS) 6/08,                   whether occupational pension paid to former wife
                        29.2.12 vii; R(IS) 3/09, 29.2.12 ix                                      income of claimant R(IS) 4/01, 29.9.1 ii
        sponsored immigrants undertaking continuous                         whether pension vested in trustee in bankrupcy is actual
                        through periods of absence from UK                                       income R(IS) 4/02, 29.9.1 iv
                        R(IS) 2/02, 9.3.5 ii                                Self-employed earners
        sponsored immigrant valid undertaking                                 expenses R(IS) 13/91, 29.8.2 i; R(FC) 1/91, 20.3.1 i
                        R(IS) 11/04, 19.3.5 iii                             Self-employed earners
        invalid maintenance undertaking R(IS) 8/05, 29.2.12 ii                seasonal workers
   relevant education                                                            earnings R(JSA) 1/03, 23.10.1 i, 29.8.3 i
        parents prohibited from entering GB R(IS) 9/94,                     Social fund
                        29.2.11 i                                             funeral expenses
        physical or moral danger R(IS) 9/94, 29.2.11 i                           assets, availability R(IS) 14/91, 29.17.2 ii
        sponsor, duties of R(IS) 9/94, 19.3.5 i                                  entitlement R(IS) 9/93, 29.17.1 i
      remunerative work                                                          funeral payments R(IS) 14/92, 29.17.1 iii
        expectation of payment R(IS) 1/93, 19.8.10 i;                            responsibility for funeral expenses R(IS) 6/98, 29.17.1 v
                        R(IS) 5/95, 29.2.2 i; R(IS) 22/95,                       meaning of deceased’s home R(IS) 11/91, 29.17.1 ii
                        29.2.2 v                                                 nature and extent of contact with deceased question of
                                                                                                 fact R(IS) 3/98, 29.17.1 v
                                                                        Supplement 69 [8/2009]
                                                                  Inc
Income support (contd)
       whether additional costs of burial are necessary
                       R(IS) 18/98, 29.17.1 vii
  Student
    meaning of student
       interruption R(IS) 7/99, 29.12.2 vii
       meaning of full-time course R(IS) 1/00, 29.12.2 viii;
                       R(IS) 5/97, 29.12.2 iv; R(IS) 6/97,
                       29.12.2 v; R(IS) 25/95, 29.12.2 i; R(IS)
                       15/98, 29.12.2 v
    period between two courses R(IS) 1/96, 29.12.2 ii
       project 2000 student nurse R(IS) 19/98, 29.12.2 vi
    single parent grant allowance R(IS) 15/95, 29.12.1 i
    students loan from a foreign government R(IS) 6/95,
                       29.12.1 iii
    travelling expenses, R(IS) 1/92, 29.12.1 ii
  Transitional protection
    interpretation of Parts 19 & 20
       protected sum
          protected person R(IS) 1/92, 29.19.1 ii
          restoration of the applicable amount R(IS) 6/93,
                       29.19.1 i
    prisoners
       loss of transitional additions
          proceedings discontinued before trial R(IS) 1/94,
                       29.19.2 ii
       loss of transitional addition and special transitional
                       addition R(IS) 2/95, 29.19.2 ii
Income tax R(U) 3/88, 1.12.3 ix; R(P) 3/56, R(P) 3/62, R(P)
                       2/66, 5.2.3 i-iii; R(P) 1/65, R(P)1/69,
                       5.2.4 iv, vi; R(S) 3/61, 7.2.2 vii;
                       R(FIS) 2/88, 31.2.1 xi
  cash in lieu of concessionary coal R(SB) 2/86, 30.2.3 xx
  computation of profits not analogous for benefit purposes
                       R(U) 3/88, 1.12.3 ix; R(FIS) 1/88,
                       31.2.1 x
  from parental covenant R(SB) 25/86, 30.2.3 xxiii
  year, for earnings related supplement R(U) 4/68, 1.17.1 ii
Increases of benefits for adult dependants
  absence abroad: Morocco Co-operation Agreement R(S) 1/
                       00, 19.2.2 i
  maternity, sickness and unemployment
    for relative or wife, wholly or mainly maintained
       held to be ‘wholly or mainly maintaining’
          from first payment under court order CU 303/50,
                       7.3.5 i
          mother, while husband in Forces R(S) 7/58, 7.3.5 ii
          value of home taken into account R(U) 3/66,
                       7.2.1 vi; R(S) 6/52, 7.3.6 ii
          while contribution held by court pending wife’s
                       discharge from hospital CS 638/49,
                       7.3.7 ii
       meaning of ‘maintaining’ CS 638/49, 7.3.7 ii
Supplement 69 [8/2009]
                                                                   Inc
Increase of benefits                                                     Increase of benefits (contd)
  maternity, sickness and unemployment                                        residing with his wife
     meaning of wife R(S) 6/89, 7.1.4 ii                                        husband and wife residing together
       not wholly or mainly maintaining                                            during National Service R(U) 6/54, 7.1.1 ii
          beneficiary                                                              in hospital
          likely to remain incapable of CS 58/49, 7.3.6 i                             both R(S) 8/60, 7.1.1 vi
             not complying with court order CU 80/48,                                 husband
                        R(U) 25/58, 7.3.7 i, iii                                        15 mos., home visits, discharge possible
          other person                                                                          R(S) 31/52, 7.1.1 i
             in hospital with home visits R(S) 26/52, 7.3.6 iii                       re-admitted unexpectedly R(S) 25/54, 7.1.1 iii
             while working R(S) 6/52, 7.3.6 ii                                        wife
          overlap of mother’s retirement pension R(S) 9/58,                             frequent substantial home visits R(S) 14/55,
                        2.11.1 iii                                                              7.1.1 iv
          prescribed relative, inclusions/exclusions CS 2/48,                           prior to her death R(P) 7/53, 19.5.2 iii
                        CS 7/48, CS 33/48, 7.3.8 i-iii                             meaning of wife R(S) 6/89, 7.1.4 ii
     for some female person having care of child                                   though sleeping apart in prescribed accommodation
       entitled to increase for                                                                 R(P) 15/56, 5.3.3 iii
          daily help CS 726/49, 6.2.1 i                                            while seeking work away from home R(U) 14/58,
          mother, subject to adjustment of overlapping                                          7.1. 2 v
                        retirement pension R(S) 9/58, 2.11.1 iii                   year of 3 year prison sentence remitted,
          mother-in-law (wife in full-time employment)                                          only‘temporarily absent’ CS 185/50, 7.1.2 ii
                        R(S) 20/54, 7.3.9 iv                                    husband and wife treated as not residing together
       meaning of                                                                  a year after left home R(P) 7/53, 19.5.2 iii;
          care CS 726/49, 6.2.1 i                                                               R(U) 11/62, 7.1.3 v
          female person CS 726/49, 7.3.9 ii
                                                                                   in hospital
       not entitled for housekeeper
                                                                                      husband
          but entitled to increase for child R(S) 11/55, 7.3.9 v
                                                                                        2 - 8 years, home visits/early discharge
          child away at boarding school R(S) 17/54, 7.3.9 iii
                                                                                                unlikely R(S) 7/55, 7.1.2 iv;
          housekeeper gainfully occupied and living with as
                                                                                                R(S) 15/51, R(P) 5/54, R(S) 2/57,
                        wife CS 55/49, 7.3.9 i
                                                                                                7.1.3 ii-iv
  retirement, sickness and unemployment
     incapacity for self-support                                                      wife
       incapable                                                                        2 years, cannot discharge R(P) 5/54, 5.3.3 ii
          from old injuries and evidence as a whole                                     15 years CS 6/48 7.1.3 i
                        R(G) 12/53, 7.3.1 ii                                       meaning of ‘temporary absence’ R(P) 7/53, 19.5.2 iii;
          in spite of short infrequent periods of capacity for                                  CS 3/48, CS 185/50, 19.5.2 i & ii
                        work R(G) 3/56, 7.3.1 iii                                  wife breadwinner, husband dependent
          worked when unfit R(G) 16/52, 7.3.2 i                                       any sex discrimination not unlawful R(S) 11/79,
       not incapable                                                                            7.3.10 i; R(P) 3/88, 7.6.1 i; R(P) 2/96,
          housekeeper with indifferent health R(G) 4/51,                                        7.6.1 ii
                        7.3.3 i                                                    wife’s earnings from gainful occupation
          husband of breadwinner R(S) 11/79, 7.3.10 i                                 computation of
       prolonged period normally at least 6 months;                                     commission, averaging of CP 3/48, 5.3.1 iii
                        CS 343/49, CS 288/50 7.3.4 i, ii                                deductible, fares and national insurance
       purpose of increases R(U) 11/62, 6.2.2 ii                                                CP 2/48, 5.3.1 ii
       questions to be answered CG 4/48, 7.3.1 i                                includible
     invalidity benefit                                                            business profits overseas R(P) 1/70, 5.3.1 viii
       effect of trade dispute on entitlement R(S) 6/94,                           business profits where wife takes over R(P) 7/51,
                        7.7.2 i                                                                 5.3.1 iv
       wife receiving RP, R(S) 5/94, 7.7.3 i                                       employer’s sick pay, whether ex gratis not decisive
  retirement, sickness and unemployment                                                         R(P) 7/61, 5.3.1 vii
     contribution to maintenance of wife                                           insurance premiums, rent, food CP 2/48, 5.3.1 ii
       not living with, not contributing R(U) 11/62, 7.2.1 v                       value of free accommodation CP 1/48, 5.3.1 i
       overlap of war disability dependency benefit R(S) 13/55,            in excess of permitted amount
                        2.11.1 ii                                               as husband’s business partner R(S) 3/61, 7.2.2 vii
     payment of arrears of maintenance                                          during receipt of
       giving title to increase                                                    employer’s sick pay R(S) 8/58, 7.2.2 vi
          claimant, regular contributor, unaware of rise in                     help from home to husband’s profession R(S) 17/52,
                        level required R(S) 1/59, 7.2.1 iv                                      7.2.2 iii
       not giving title to increase                                             holiday pay R(S) 2/55, 7.2.2 iv
          court order case, arrears paid over long period                       keeping boarding house, depending on number of
                                                                                                boarders R(S) 3/51, 7.2.2 ii
                        R(U) 25/58, 7.2.1 iii
                                                                                lengthy running of sick husband’s business
       statutory amount, not what can afford R(S) 1/51,
                                                                                                CS 509/50, R(S) 11/56, 7.2.2 i, v
                        7.2.1 ii
                                                                                notional earnings R(IB) 7/03, 7.5.2 i
       validity of foreign divorce R(P) 2/90, 5.3.1 ix, 7.1.5 i
                                                                                repayment of increase required; ‘due care and
       value of home taken in R(U) 3/66, 7.2.1 vi
                                                                                                diligence’ not established
       wife’s RP on husband’s insurance CP 96/50, 7.2.1 i
                                                                                   by acquittal in court case R(U) 7/75, 17.7.2 v
  effect of domicile on polygamous marriage R(S) 2/92,
                                                                                   by wife acting for claimant R(U) 7/64, 17.7.3 i
                        7.7.1 i
                                                                                                            Supplement 69 [8/2009]
                                                                  Pre
Prescribed diseases                                                     Prescribed diseases (contd)
  considerations                                                            percussive tools
    date of development, relevance of CI 258/49, 11.1.1 ii                     included
    date of onset R(I) 5/95, 9.7.3 i; R(I) 2/03, 9.7.3 ii;                       caulking machine R(I) 8/76, 9.4.2 ii
                      R(I) 2/03, 9.7.3 ii; R(I) 2/03, 9.7.3 ii; R(I)             machine mounted vertical spindle surface grinder
                      5/04, 9.7.3 iv                                                          R(I) 13/80, 9.4.2 v
    disease not specifically claimed for R(I) 6/94, 9.7.1 i                      press in large fixed frame R(I) 6/83, 9.4.2 x
    sequela of, treated as R(I) 28/60, 11.6.1 i                                  rotary impact tool R(I) 5/76, 9.4.2 i
    whether benefit payable before date prescribed R(I) 4/96,                    spot welding machines R(I) 5/99, 9.4.2 xii,
                      9.7.2 i                                                                 18.6.2 xxi
  diseases                                                                  not included
    allergic rhinitis                                                          computerized burning/marking machine R(I) 8/76,
       application of Reg. 4(1), R(I) 7/02, 9.5.9 ii                                          9.4.2 ii
       dust, degree of exposure to R(I) 1/85, 9.5.9 i                          manual sledge hammer R(I) 5/85, 9.4.2 xi
    asthma, occupational                                                    ‘tool’ and ‘machine’ discussed R(I) 5/76, R(I) 8/76,
         meaning of 'sensitising agent' R(I) 8/02, 9.5.15 i                                   R(I) 2/78, R(I) 3/80, R(I) 13/80,
    beat elbow (PD A7: formerly, PD no 33)                                                    R(I) 4/82, R(I) 7/82, R(I) 6/83
       prescribed in relation to                                                              R(I) 5/85, 9.4.2 i-v, viii-xi,
         switchboard work and recording R(I) 60/51, 9.5.5 i                                   R(I) 5/99, 9.4.2 xii
    beat knee (PD A6 : formerly PD no. 32)                                prescribed in relation to claimant
       not prescribed in relation to                                        overseer in immediate vicinity of pneumatic percussive
         crane driver R(I) 5/98, 9.5.14 i                                                     tool R(I) /85, 9.4.3 iii
    benzene derivative etc. (PD C8: formerly, PD no. 8)                     plater R(I) 7/82, 9.4.2 ix
         not prescribed in relation to worker in distillation of            user of
                      beta-naphthylamine CI 195/50, 9.5.2 i                    high-speed grinding tool R(I) 2/78, R(I) 3/80,
    byssinosis                                                                                R(I) 13/80, R(I) 9/81, 9.4.2 iii-v, vii;
         bobbin-carrier only half time in R(I) 17/56, 9.1.5 i                                 R(I) 3/82, 9.4.6 ii
            ring-room worker treated as R(I) 26/58, 9.1.5 ii                   pneumatic precussive tools R(I) 11/81, 9.4.1 ii;
    carpal tunnel syndrome                                                                    R(I) 5/76, R(I) 8/76, R(I) 6/83,
       meaning of                                                                             9.4.2 i, ii, x
            hand-held R(I) 3/95, 9.5.11 i; R(I) 6/98, 9.5.11 ii                  crane driver assisting in use of R(I) 9/81, 9.4.2 vii,
         whether a particular degree of flexion required                                      R(I) 4/82, 9.4.2 viii
                      R(1) 1/09, 9.5.11 iii                                    prescription not in relation to claimant
    deafness, occupational (PD A10: formerly, PD no. 48)                         chainsaws in forestry R(I) 6/96, 9.4.7 iv
       considerations R(I) 1/78, R(I) 2/78, R(I) 3/78, R(I) 2/79,                glass containers or hollow ware R(I) 4/99 9.4.7 v
                      R(I) 3/79, R(I) 4/84, R(I) 6/84, R(I) 1/92,                high-speed grinding tool on forged metal
                      R(I) 1/94, R(I) 2/98 9.4.5 i-x; R(I) 6/02,                              R(I) 3/82, 9.4.6 ii
                      9.4.5 xi                                                   crane driver moving bogie or metal about
         change of law R(I) 4/84, 9.4.5 vi; R(I) 2/98 9.4.5 x                                 R(I) 4/82, 9.4.2 viii
       computation of 20 year period R(I) 2/79, 9.4.5 iv;                        metal former press worker R(I) 1/87, 9.4.10 ii
                      R(I) 4/84, 9.4.7 ii                                        quality assurance inspector R(I) 11/81, 9.4.1 ii
       hearing tests R(I) 6/02, 9.4.5 XI                                         supervisor of tool users R(I) 15/75, 9.4.1 i
       12 month limit for claiming R(I) 2/78, R(I) 2/79,                         user of computerized burner/marker R(I) 8/76,
                      9.4.5 ii, iv                                                            9.4.2 ii
       ‘underground’ meaning of R(I) 4/84, 9.4.7 ii                              worker in vicinity of
    meaning of                                                                      knitting machines R(I) 13/81, 9.4.7 i
       any occupation R(I) 3/78, 9.4.5 iii                                          pneumatic percussive tools R(I) 15/80, 9.4.2 vi
       cast metal R(I) 3/82, 9.4.8 i                                           time limits for claiming R(I) 1/92, 9.4.5 viii
       cleaning, dressing or finishing of cast metal R(I) 2/78,                  change of
                      9.4.5 ii                                                      effect of change R(I) 6/84, 9.4.5 vii
       drop-forging R(I) 5/85, R(I) 1/87, 9.4.10 i, ii                      dermatitis (PD D5: formerly, PD. no. 42)
       forging press plant R(IS) 3/90, 9.4.10 iii                              due to nature of employment
       forming of metal R(I) 1/87, 9.4.10 ii                                     fresh attack
       immediate vicinity R(I) 7/76, R(I) 2/85, R(I) 8/85,                          carriage cleaner R(I) 30.51, 9.3.1 i
                      9.4.3 i-iii                                                recrudescence
       ingot R(I) 1/80, 9.4.6 i                                                     printer’s assistant R(I) 17/53, 9.3.1 iii
       nails, rivets within meaning R(I) 5/83, 9.4.9 i                         not due to nature of employment
       pneumatic tools R(I) 6/83, 9.4.2 x                                        home injuries, appeared after dressing injured foot
       supervision of R(I) 11/81, 9.4.1 ii                                                    R(I) 87/53, 9.3.2 i
       ship's engine rooms R(I) 2/97, 9.4.11 i                                   housewife (work history of the disease)
       the better ear R(I) 3/77, 9.4.4 i                                                      R(I) 98/53, 9.3.2 ii
       use of R(I) 11/81, 9.4.1 ii                                               painter, but disablement beneficiary for earlier
       wood R(I) 2/92, 9.4.7 iii                                                              attack R(I) 10/53, 9.3.1 ii
                                                                               not suffering from after end of injury benefit period
                                                                                              R(I)1/73, 14.1.3 v; R(I) 4/68, 14.2.4 iii
Supplement 69 [8/2009]
                                                                Pre
Prescribed diseases (contd)                                           Prescribed diseases (contd)
    heat cataract (PD.A2: formerly, PD no. 26)                            pneumoconiosis (contd)
      prescribed in relation to claimant                                    siliceous material R(I) 5/51, 9.1.4 i
         colliery fireman, 3 months exposure CI 388/50,                     trimming R(I) 4/53, 9.1.2 iv
                       9.5.4 i                                              underground in a mine R(I) 37/59, 9.1.3 xiii
    lead poisoning (PD C1: formerly, PD no. 1)                              working’ R(I) 28/52, 9.1.2 iii
         not in prescribed occupation since 5 July 1948                   substantial exposure to dust
                       R(I) 7/61, 9.5.1 i                                   involved
    leptospira infection (PD B3: formerly, PD no. 21)                          core jointer, from moulding R(I) 5/51, 9.1.4 i
      prescribed in relation to claimant                                       labourer handling dry ultramarine R(I) 13/59,
         labourer at rat-infested place R(I) 20/52, 9.5.3 i                                9.1.4 iii
    miner’s nystagmus (PD A5: formerly, PD no 35)                           not involved
      not prescribed in relation to claimant                                   watchman, from earth floor R(I) 40/57, 9.1.4 ii
         not contracted afresh since 5 July 1948 R(I) 50/51,              primary carcinoma of bronchus or lung (PD C22b:
                       9.5.6 i                                                             formerly, PD no 37(b))
    nasal carcinoma (PD D6 : formerly, PD no. 51)                           casual relation to pneumoconiosis not proved
      not prescribed in relation to claimant                                               R(I) 10/75, 12.3.2 vi
         painter R(I) 4/98, 9.5.13 i                                        not prescribed in relation to claimant worker in nickel
    papilloma of the bladder (PD C23: formerly PD no. 39)                                  plating shop R(I) 5/57, 9.5.7 i
      not prescribed in relation to claimant                                not suffering from, MAT decision erroneous in law
         substance produced not ‘magenta’ R(I) 16/59,                                      R(I) 18/63, 14.1.3 ii
                       9.5.8 i                                            tuberculosis (PD B5: formerly, p.d. no. 35)
    pneumoconiosis                                                          attendance by reason of infirmity
      casual relation to lung cancer not proved R(I) 10/75,                    hospital welfare clerk R(I) 44/55, 9.2.9 iv
                       12.3.2 vi                                               welfare officer R(I) 2/55, 9.2.9 iii
      death from                                                            attendance not by reason of infirmity
         not established, though briefly disabled by                           domestic help in old people’s home R(I) 14/53,
                       R(I) 6/85, 9.1.1 iv                                                 9.2.9 i
         only contributory R(I) 9/67, 9.1.5 iii                                immigration officer R(I) 64/53, 9.2.9 ii
      diagnosis question, R(I) 1/96, 9.1.6 i                                close and frequent contact
      post mortem reports R(I) 3/03 9.1.6 ii                                   employee in tuberculosis settlement R(I) 56/52,
      employed in prescribed occupation                                                    9.2.3 i
         coal, handling or incidental R(U) 12/51, 1.15.3 iv;                   hospital theatre/ward staff R(I) 77/52, R(I) 87/52,
                       R(I) 4/53, R(I) 2/54, R(I) 52/56,                                   9.2.3 ii-iii
                       R(I) 15/62, 9.1.2 iv-vii                                pathologist R(I) 12/59, 9.2.3 iv
         dried quartzose sand, working R(I) 28/52, 9.1.2 iii                contact not close and frequent
         slate, splitting or dressing R(I) 13/52, R(I) 15/52,                  ambulance personnel R(I) 81/52, 9.2.4 i
                       9.1.2 i, ii                                             dental technician R(I) 18/53, 9.2.4 iii
    employment not in prescribed occupation                                    hospital clerk R(I) 61/53, 9.2.8 ii
      boiler scaling, occasional by stoker R(I) 8/57,                          hospital nurse R(I) 31/54, R(I) 28/56, 9.2.4 iv, vi
                       9.1.3 xii                                               public health disinfector R(I) 12/57, 9.2.4 vii
      coal, opencast, inspector CWI 4/50, 9.1.3 iv                             workers in pathology R(I) 12/53, R(I) 38/55,
      coke, over worker CI 274, 9.1.3 ii                                                   9.2.4 ii, v
      colliery, rail lengthman CWI 17/50, 9.1.3 v                              due to nature of that employment
      concrete, mixing and laying R(I) 46/51, 9.1.3 vi                         meaning of R(I) 9/53, 9.2.1 i
      dolomite furnaceman R(I) 36/52, 9.1.3 viii                               pre-existing infection R(I) 9/53, R(I) 65/53,
      flint, handling as quarried R(I) 82/52, 9.1.3 ix                                     9.2.1 i, ii; R(I) 38/52, 9.2.2 i
      ink, cleaning out burnt residues CI 110/49, 9.1.3 i                      presumption not rebutted R(I) 38/52, R(I) 23/53,
      iron dresser CI 100/50, 9.1.3 iii                                                    9.2.2 i, ii
      shale, breaking, away from mine R(I) 37/59, 9.1.3 xiii                   infection by reason of employment
      silica-free castings, grinding R(I) 21/52, 9.1.3 vii                       mental hospital nurse R(I) 70/52, 9.2.5 i
      silica, handling materials of low content R(I) 36/53,                    infection not by reason of employment
                       R(I) 7/54, 9.1.3 x, xi                                    health visitor R(I) 38/60, 9.2.6 iii
    meaning of                                                                   hospital doctor incapacitated after 3 weeks
      dust reticulation R(I) 7/98, 9.1.1 v                                                 R(I) 30/55, 9.2.6 ii
      employed CI 60/49, 9.1.1 i                                                 hospital domestic/nursing orderly R(I) 16/52,
      handling CWI 26/49, 9.1.1 ii                                                         9.2.6 i
      quartzose sand R(I) 28/52, 9.1.2 iii, R(I) 46/51,                        service ancillary to such treatment or nursing
                       9.1.3 vi                                                  hospital ward repair man R(I) 87/52, 9.2.7 i
      room R(I) 26/58, 9.1.5 ii                                                  hospital welfare clerk R(I) 44/55, 9.2.7 ii
      silica, dry admixture, deposit or residue of                               sanatorium heating engineer R(I) 37/56, 9.2.7 iii
                       CWI 53/50, 9.1.1 iii; R(I) 36/52,
                       9.1.3 viii; R(I) 13/59, 9.1.4 iii

				
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