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The European Convention on Human Rights and the Human Rights Act
The European Convention on Human Rights and the Human Rights Act
The relevant provisions of the European Convention on Human Rights and the Human Rights Act 1998 are set out in the quotation from the decision of Mr Commissioner Powell’s decision in CH/4429/2006 (see para 64 below) and it is therefore unnecessary to set them out here.
- Heading
- Section 1
- I set that decision aside and re-make it as follows
- REASONS
- The facts
- The total claimed overpayment was therefore £7,488.40
- Gravesham’s decisions
- The manuscript worksheet dated 23 January 2018 in the supporting papers states that the student finance figures were
- disregarding the Parents’ Learning Allowance (see paragraph 23 above) under regulation 59(4) of the Regulations
- Digression: Gravesham’s letter of 29 November 2017
- The relevant law
- Housing benefit legislation
- who have been assessed, or treated, as incapable of work for 196 days who have been assessed as, or treated as, having, limited capability for work for 196 days
- who are deaf and in respect of certain specified payments have been awarded from public funds
- The European Convention on Human Rights and the Human Rights Act
- The Equality Act
- CH/4429/2006
- The Tribunal’s decision
- Permission to appeal and the Secretary of State
- Grounds of Appeal
- The responses
- Hearing
- Discussion
- The interpretation of regulation 64: CH/4429/2006
- deciding whether to accept those terms; and if so completing the form and returning it to the Student Finance Authority
- The interpretation of regulation 64: Gravesham’s submissions
- The interpretation of regulation 64: the Secretary of State’s submissions
- Administrative inconvenience and the floodgates
- Discrimination
- The Upper Tribunal’s decision
- Conclusions