Source: All England Reporter
Publisher Citation: [2005] All ER (D) 397 (Nov)
Neutral Citation: [2005] EWCA Civ 1441
Court: Court of Appeal, Civil Division

Ward, Scott Baker LJJ and Sir Peter Gibson

Representation The claimant did not appear and was not represented.
  Thomas de la Mare (instructed by the Office of the Solicitor for the Department of Work and Pensions) for the Secretary of State.
Judgment Dates: 29 November 2005


Social security - Benefit - Time limits for claiming benefit - Winter fuel payment - Whether Secretary of State entitled to rely on time limit in refusing payment - Directive (EEC) 79/7, art 3(1) - Council Regulation (EEC) 1408/71 - Social Fund Winter Fuel Payment Regulations 1998, - Social Fund Winter Fuel Payment Regulations 2000, .

The Case

A social security commissioner had erred in finding that the fact that the government had been involved in a protracted dispute with the European Commission, which was not resolved until July 2002, about whether the winter fuel allowance was 'exportable', rendered the possibility of a claim in time for the years 2001 and 2002 as being virtually impossible or excessively difficult.

Practice Areas

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