30 October 2008
R (on the application of RJM (FC) v Secretary of State for Work and Pensions [2008] UKHL 63, [2008] All ER (D) 220 (Oct)
(i) Where the Court of Appeal concludes that one of its previous decisions is inconsistent with a subsequent decision of the European Court of Human Rights, the Court of Appeal should be free (but not obliged) to depart from that decision.
(ii) The policy of disentitling persons without accommodation from receiving the disability premium to which they would otherwise be entitled in their income support amounts to discrimination under Art 14 but is lawful as it can be justified on policy grounds.
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