||All England Reporter
|| All ER (D) 397 (Nov)
|| EWCA Civ 1441
||Court of Appeal, Civil Division
Ward, Scott Baker LJJ and Sir Peter Gibson
||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.
||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, .
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.
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