- Cited — Peiris, R (on the application of) v First-Tier Tribunal & Ors 2023-12-21
“…is whether the difference in treatment of the applicant can be justified: see e.g. Lord Reed’s observations in R(JS) v Secretary of State for Work and Pensions [2015] UKSC 16 at [63]-[64]”…”
- Cited — Katie-Leigh Webb-Harnden v London Borough of Waltham Forest 2023-08-22
“… Freedoms (“the Convention”) read with Article 8 and Article 1 of the First Protocol to the Convention (see R v (SG) v Secretary of State for Work and Pensions [2015] UKSC 16, [2015] 1 WLR 1449 and R (DA) v Secretary of State for Work and Pensions).…”
- Cited — The Motherhood Plan (R on the application of) v HM Treasury 2021-11-24
“…oach to justification in cases of indirect discrimination starts with the principle expressed by Lord Reed in R (SG) v Secretary of State for Work and Pensions)[2015] UKSC 16, [2015] 1 WLR 1449 at para. 13:…”
- Cited — Project for the Registration of Children as British Citizens & Anor, R (On the Application Of) v Secretary of State for the Home Department (Rev 1) 2021-02-18
“…In R (SG (previously JS)) v Secretary of State for Work and Pensions [2015] UKSC 16, [2015] 1 WLR 1449, the challenge was to subordinate legislation under the Welfare Reform Act 2012, dealing with a benefits cap. Giving the first judgment, Lor…”
- Cited — Delve & Anor, R (On the Application Of) v The Secretary of State for Work And Pensions 2020-09-15
“…UKSC 3, [2015] 1 AC 1016. Lord Wilson stated that he had been too quick in the first benefits cap case (that is R (SG) Secretary of State for Work and Pensions [2015] UKSC 16, [2015] 1 WLR 1449) to reach for the observations of Lord Mance and that he had previously expressed himself too widely:…”
- Cited — Secretary of State for Work And Pensions v Johnson & Ors 2020-06-22
“…this is part of the scheme designed to incentivise work as well as set a limit on the award of benefits to non-working households: see R (SG and others) v SSWP [2015] UKSC 16, [2015] 1 WLR 1449, paras 66 – 69. This is another provision, therefore, the application of which depends on the value of a claimant’s earned income.…”
- Cited — TD & Ors, R (On the Application Of) v Secretary of State for Work And Pensions 2020-05-12
“…For that proposition, she referred to the decision of the Supreme Court in R (SG) v Secretary of State for Work and Pensions [2015] UKSC 16; [2015] 1 WLR 1449, at para. 188. In that passage Lady Hale JSC cited the very important statement of principle in A v Secretary of State for the Home Departme…”
- Cited — The Secretary of State for the Home Department v R (on the application of) Joint Council for The Welfare of Immigrants 2020-04-21
“…, such that, unless manifestly without reasonable foundation, their assessment should be respected (see, e.g., R (SG)v Secretary of State for Work and Pensions [2015] UKSC 16; [2015] 1 WLR 1449 at [92]-[93] per Lord Reed JSC).…”
- Cited — Drexler, R (On the Application Of) v Leicestershire County Council 2020-04-07
“…egory can be placed the decisions of the Supreme Court in Humphreys v HMRC [2012] UKSC 18; [2012] 1 WLR 1545; R (SG) v Secretary of State for Work and Pensions [2015] UKSC 16; [2015] 1 WLR 1449; R (MA) v Secretary of State for Work and Pensions [2016] UKSC 58; [2016] 1 WLR 4550; and DA itself.…”
- Cited — QSA & Ors, R. (On the Application Of) v Secretary of State for the Home Department & Anor 2020-02-10
“…information is also targeted at men. Ms Gallafent submitted further that the relevant approach was set out in R (SG) v Secretary of State for Work and Pensions [2015] UKSC 16; [2015] 1 WLR 1449 where Lord Reed stated at [8] that a violation of Article 14 occurs where there is: “(1) a difference in treatment, (2) of persons in releva…”
- Cited — AR & SXC, R (On the Application Of) v Secretary of State for Work and Pensions 2020-01-29
“…In R (JS) v Secretary of State for Work and Pensions [2015] UKSC 16; [2015] 1 WLR 1449, at para. 64, Lord Reed JSC, after referring to that passage in O’Brien, said that:…”
- Cited — SC & Ors, R (on the application of) v The Secretary of State for Work And Pensions & Ors 2019-04-16
“… accept the argument made by counsel for the government, relying on a distinction noted by Lord Reed in R(SG and JS) v Secretary of State for Work and Pensions [2015] UKSC 16; [2015] 1 WLR 1449 at para 60, that the two child limit is not a provision denying some an entitlement that exists for others but merely an alteration of the m…”
- Cited — SC & Ors, R (on the application of) v The Secretary of State for Work And Pensions & Ors 2019-04-16
“…In R(SG and JS) v Secretary of State for Work and Pensions [2015] UKSC 16; [2015] 1 WLR 1449, at para 95, Lord Reed (after citing this passage and other authorities) noted that, although the benefit cap scheme which was the subject o…”
- Cited — SC & Ors, R (on the application of) v The Secretary of State for Work And Pensions & Ors 2019-04-16
“…The question was raised in R (SG and JS) v Secretary of State for Work and Pensions [2015] UKSC 16; [2015] 1 WLR 1449, mentioned earlier, where the claimants challenged the lawfulness of a cap imposed by statutory regulations on the total amount of welfare b…”
- Cited — SC & Ors, R (on the application of) v The Secretary of State for Work And Pensions & Ors 2019-04-16
“…ether the measure is independently justified as a proportionate means of pursuing a legitimate aim: see R(SG and JS) v Secretary of State for Work and Pensions [2015] UKSC 16; [2015] 1 WLR 1449, para 13 (Lord Reed) and paras 189 and 224 (Baroness Hale).…”
- Cited — Ward & Ors, R (on the application of) v The London Borough of Hillingdon & Ors 2019-04-16
“…cy maker, if that decision results in unjustified discrimination, then it is the duty of the court to say so: R (SG) v Secretary of State for Work and Pensions [2015] UKSC 16, [2015] 1 WLR 1449 at [160].…”
- Cited — AB, R (On the Application Of) v Secretary of State for Justice 2019-01-18
“…law being limited to the “resolution of ambiguities” in the ECHR, all members of the UK Supreme Court held in R (SG) v Secretary of State for Work and Pensions [2015] UKSC 16; [2015] 1 WLR 1149 that the relevant international treaties should inform the interpretation of the ECHR without requiring any ambiguity therein (per Lord Reed…”
- Cited — Help Refugees Ltd, R (on the application of) v The Secretary of State for Home Department & Anor 2018-10-03
“… of the UNCRC is directly enforceable in UK domestic law (the minority view of Lord Kerr of Tonaghmore JSC in R (SG) v Secretary of State for Work and Pensions [2015] UKSC 16; [2015] 1 WLR 1449 at [257]), as I understood it, her key submission was that all of the Secretary of State’s decision-making in relation to section 67 has to …”
- Cited — JT v First-Tier Tribunal 2018-07-24
“…med by the Supreme Court in a number of subsequent cases: see R (SG and JS) v Secretary of State for Work and Pensions (Child Poverty Action Group Intervening) [2015] UKSC 16; [2015] 1 WLR 1449, paras 11, 93; Mathieson v Secretary of State for Work and Pensions [2015] UKSC 47; [2015] 1 WLR 3250, paras 26-27; R (Tigere) v Secretary o…”
- Cited — The Secretary of State for Work And Pensions v Carmichael & Anor 2018-03-20
“…choices which are properly characterised as legislative. He referred us, for example to the benefits cap case R (SG) v Secretary of State for Work and Pensions [2015] UKSC 16; [2015] 1 WLR 1449 per Baroness Hale of Richmond DPSC at [230]-[231] limiting the relief granted to declaratory relief and declining to make an Order quashing …”
- Cited — DA & Orss, R (On the Application Of) v The Secretary of State for Work and Pensions 2018-03-15
“…ailed in the Divisional Court, the Court of Appeal and by a bare majority in the Supreme Court: see R (SG and others) v Secretary of State for Workand Pensions [2015] UKSC 16; [2015] 1 WLR 1449. The reasoning in that case is central to this appeal and it is analysed in some detail below.…”