- Explained — SC & Ors, R (on the application of) v The Secretary of State for Work And Pensions & Ors 2019-04-16
“…atment based on that ground. Although not spelt out in the judgment, this seems to me to explain why in Burnip v Birmingham County Council [2012] EWCA Civ 629; [2013] PTSR 117, para 22, the Court of Appeal considered that resort to the United Nations Convention on the Rights of Persons with Disabilities would have resolved in favour …”
- Considered — The Secretary of State for Work And Pensions v Carmichael & Anor 2018-03-20
“…t her case was indistinguishable from that of Gorry (one of the appeals allowed by the Court of Appeal in Burnip v Birmingham City Council [2012] EWCA Civ 629; [2013] PTSR 117), a case of children who were disabled and so could not sleep in the same bedroom. The Court of Appeal considered that the Secretary of State was entitled to p…”
- Cited — The Secretary of State for Work And Pensions v Carmichael & Anor 2018-03-20
“…n T to which reference has already been made. It also emerges from the decision of the Court of Appeal in Burnip v Birmingham City Council [2012] EWCA Civ 629; [2013] PTSR 117 (to which I referred at [8] above), where the single bedroom rule in Regulation B13 was held to be discriminatory in violation of Article 14 of the Convention …”
- Cited — The Secretary of State for Work And Pensions v Carmichael & Anor 2018-03-20
“…The decision of the Supreme Court in the MA case built on an earlier decision of the Court of Appeal in Burnip v Birmingham City Council [2012] EWCA Civ 629; [2013] PTSR 117, in which the application of the Housing Benefit Regulations was found to discriminate unlawfully against severely disabled individuals in three cases. In one …”
- Cited — The Secretary of State for Work And Pensions v Carmichael & Anor 2018-03-20
“… it to the Secretary of State to decide how to amend the Housing Benefit Regulations so as to eliminate for the future the discrimination which had been found: [2013] PTSR 117 at [24]. The form of declaration made by the Court of Appeal, which was agreed between the parties, is set out in the judgment of the Upper Tribunal in the pre…”
- Cited — DA & Orss, R (On the Application Of) v The Secretary of State for Work and Pensions 2018-03-15
“…ssue, citing Demir v Turkey (2008) 48 EHRR 1272 Opuz v Turkey (2009) 50 EHRR 695, Ponomaryov v Bulgaria (2011) 59 EHRR 799 and Burnip v Birmingham City Council [2013] PTSR 117. But that did not mean that it was relevant “to every ECHR question which arises, simply because children are as a matter of fact affected by the decision or l…”
- Cited — DA & Orss, R (On the Application Of) v The Secretary of State for Work and Pensions 2018-03-15
“…t to meet the cost of accommodation suitable for the needs of severely disabled claimants (as was held in Burnip v Birmingham City Council [2012] EWCA Civ 629; [2013] PTSR 117), it is relevant to an assessment of the proportionality of a measure which is liable to give rise to transitional difficulties in individual cases.”…”
- Cited — DA & Orss, R (On the Application Of) v The Secretary of State for Work and Pensions 2018-03-15
“…For these reasons, echoing Maurine Kay LJ in Burnip [2013] PTSR 117, I agree that our international obligations under the UNCRC and CEDAW have the potential to illuminate our approach to both discrimination and justification. W…”