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Social security

02 April 2015
Issue: 7647 / Categories: Case law , Law digest , In Court
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Smith v Secretary of State for Work and Pensions [2015] EWCA Civ 229, [2015] All ER (D) 204 (Mar)

The claimant appealed against the judge’s finding that the Jobseeker’s Allowance (Mandatory Work Activity Scheme) Regulations 2011 (SI 2011/688) were not ultra vires s 17A of the Jobseekers Act 1995. The Court of Appeal in dismissing the appeal, held that R (on the application of Reilly and another) v Secretary of State for Work and Pensions [2014] 1 All ER 505, which quashed similar regulations, was not binding, as the present scheme contained some elements by way of “description”. Further, the Regulations prescribed a description of the scheme within the meaning of s 17A(1) of the Act.

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
Pension sharing orders (PSOs) have quietly reached their 25th anniversary, yet remain stubbornly underused. Writing in NLJ this week, Joanna Newton of Stowe Family Law argues that this neglect risks long-term financial harm, particularly for women
A school ski trip, a confiscated phone and an unauthorised hotel-room entry culminated in a pupil’s permanent exclusion. In this week's issue of NLJ, Nicholas Dobson charts how the Court of Appeal upheld the decision despite acknowledged procedural flaws
Is a suspect’s state of mind a ‘fact’ capable of triggering adverse inferences? Writing in NLJ this week, Andrew Smith of Corker Binning examines how R v Leslie reshapes the debate
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
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