The Weekly Law Reports
[2008] 3 WLR 1023
House of Lords
Regina (RJM)
v
Secretary of State for Work and Pensions (Equality and Human Rights Commission intervening)
[2008] UKHL 63
2008 June 18;
Oct 22
Oct 22
Lord Hope of Craighead, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Lord Mance and Lord Neuberger of Abbotsbury
Human rights— Right to peaceful enjoyment of possessions— Disability premium— Regulations providing for disability premium not to be payable to disabled person without accommodation— Cessation of payments to claimant on becoming homeless— Whether right to receive premium “possession”— Whether Convention right to peaceful enjoyment of “possessions” engaged— Whether Regulations giving rise to discrimination in enjoyment of Convention right on ground relating to “other status”— Whether justified— Whether Regulations incompatible with Convention rights—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 14, Pt II, art 1
—
Income Support (General) Regulations 1987 (SI 1987/1967), Sch 7, para 6
Judicial precedent— Court of Appeal (Civil Division)— Relevance of European decisions— Court of Appeal considering its earlier decision to be inconsistent with subsequent decision of European Court of Human Rights— Whether obliged to follow earlier decision— Whether obliged to follow earlier decision of House of Lords appearing to be inconsistent with subsequent decision of European Court of Human Rights— Application of principles in relation to decisions of European Patents Office Board of Appeal