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A ‘Simple Test’: Posthumously Conceived Children And Social Security Entitlements In Astrue V Capato, Mel Cousins
A ‘Simple Test’: Posthumously Conceived Children And Social Security Entitlements In Astrue V Capato, Mel Cousins
Mel Cousins
This case note examines a recent Supreme Court decision concerning the interpretation of the provisions of the Social Security Act concerning entitlement to survivor’s benefits in respect of children. The case involved the correct construction of the term ‘child’ in the Act but arose, more specifically, from a series of cases concerning posthumously conceived children. Courts of Appeal had come to different interpretations as to correct interpretation of the Act and the Supreme Court intervened to resolve the conflict. The Court accepted the Social Security Agency’s (SSA) interpretation of the legislation. However, although legally correct, this does little if anything …
Overview Of Recent Cases Before The European Court Of Human Rights And The European Court Of Justice (January-March 2012), Mel Cousins
Mel Cousins
Unusually, there were only a small number of significant rulings by either the Court of Justice or the Court of Human Rights in the period January-March 2012. In Markin v Russia the Court of Human Rights showed its positive side, ruling that the exclusion of servicemen from entitlement to parental leave, while servicewomen are entitled to such leave, was in violation of Article 14 taken in conjunction with Article 8. However, the other important case considered by the Court – B. v United Kingdom – unfortunately makes no contribution whatsoever to the protection of human rights. The Court of Human …
Farm Workers, Equal Treatment And Insurability: Griego V New Mexico Workers’ Compensation Administration, Mel Cousins
Farm Workers, Equal Treatment And Insurability: Griego V New Mexico Workers’ Compensation Administration, Mel Cousins
Mel Cousins
The US courts have considered a number of cases where a person has argued that his or her exclusion from insurability (either in social security, unemployment insurance or workers compensation) was in breach of the guarantee of equal protection in federal and/or state constitutions. The Social Security Act had originally entirely excluded domestic and agricultural workers. Early cases upholding the constitutionality of the Social Security Act had, inter alia, held that the exclusion of certain classes of worker from the scope of coverage did not render the legislation unconstitutional. However, these cases had not involved claims of racial, economic or …
Access To Quasi-Judicial Decisions – Jama V Minister For Social Protection, Mel Cousins
Access To Quasi-Judicial Decisions – Jama V Minister For Social Protection, Mel Cousins
Mel Cousins
This case involves the important issue of access to the decisions of social welfare appeals officers. The Irish High Court concluded that there was no duty on the Department to maintain a database or open library of decisions to which the public may have access and, therefore, no question of a right of access thereto arose. However, it is submitted that the legal analysis of the general issue is doubtful.
Overview Of Recent Cases Before The European Court Of Human Rights And The European Court Of Justice (September-December 2011), Mel Cousins
Mel Cousins
In the period, there was an interesting case before the European Court of Justice concerning the equal treatment Directive (79/7), while the European Court of Human Rights has given some important judgements in a number of cases on social security as a property right. Finally, the Court of Human Rights has again addressed the position as to when and why an oral hearing is required in social security cases but without greatly clarifying anything.
The Impact Of Recent Cjeu Rulings On The Presence And Residence Rules For United Kingdom Disability Benefits, Mel Cousins
The Impact Of Recent Cjeu Rulings On The Presence And Residence Rules For United Kingdom Disability Benefits, Mel Cousins
Mel Cousins
This article examines a number of recent decisions of the Court of Justice of the European Union (“CJEU”) and their impact on the presence and residence rules for disability benefits, in particular the disability living allowance (“DLA”). It considers the approach which the courts may take to the export of disability benefits in the light of these recent decisions.