Source: All England Reporter
Publisher Citation: [2002] All ER (D) 125 (Nov)
Neutral Citation: [2002] EWCA Civ 1623
Court: Court of Appeal, Civil Division

Peter Gibson, Mance and Hale LJJ

Representation Richard Drabble QC (instructed by the Child Poverty Action Group) for the claimant.
  Philip Sales and Jason Coppel (instructed by the Office of the Solicitor to the Department of Work and Pensions) for the Secretary of State.
  John Howell QC and Gemma White (instructed by the Treasury Solicitor) for the committee.
Judgment Dates: 8 November 2002


Social security - Incapacity benefits - Regulations - Amendment of regulations - Validity of amended regulation - Secretary of State failing to observe correct procedure for making of regulation - Social Security (Incapacity for Work and General Amendments) Regulations 1996, reg 27.

The Case

Regulation27 of the Social Security (Incapacity for Work and General Amendments) Regulations 1996 was invalid as it had been made without a formal reference to the Social Security Advisory Committee, the committee having decided that no reference was necessary on the basis of incorrect information from the Department of Social Security.

Practice Areas

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