Source: All England Reporter
Publisher Citation: [2009] All ER (D) 132 (Dec)
Neutral Citation: [2009] EWCA Civ 1333
Court: Court of Appeal, Civil Division
Judge:

Laws, Wilson and Goldring LJJ

Representation Tom Richards (instructed by Emma Baldwin of the Free Representation Unit) for the claimant.
  David Forsdick (instructed by DWP Legal Services) for the Secretary of State.
Judgment Dates: 14 December 2009

Catchwords

Social security - Benefit - Carer's allowance - Computation of earnings - Claimant eligible for carer's allowance - Claimant's employment terminating - Final payment of wages and net holiday pay - Earnings of same kind as ordinary pay - Correct construction of relevant regulations - Social Security Benefit (Computation of Earnings) Regulations 1996, , reg 6(2)(a).

The Case

Social security Benefit. The Court of Appeal, Civil Division, dismissed the appeal of the claimant and, in so doing, construed reg6(2)(a) of the Social Security Benefit (Computation of Earnings) Regulations 1996, , as it related to accrued holiday pay paid to the claimant on termination of his employment.

Practice Areas

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