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The Court of Appeal dismissed the appellant's challenge to the lawfulness of decisions denying him a disability allowance during his imprisonment and requiring him to reapply for the allowance upon release. The decision affirms the High Court's judgment, which found that the appellant was ineligible for the benefit while incarcerated, as his unavailability for work was not solely due to disability but because of imprisonment. The court distinguished the appellant's situation from previous Supreme Court case law, finding that the legislative scheme did not amount to impermissible non-judicial punishment or unlawful discrimination. The appellant's claims under the Constitution and the European Convention on Human Rights were also rejected, and his appeal was dismissed in full.
disability allowance – availability for work – imprisonment and social welfare – judicial review – separation of powers – non-judicial punishment – Article 40.1 of the Constitution – Articles 34 and 38 of the Constitution – Article 14 of the ECHR – Article 1 of Protocol No. 1 ECHR – Social Welfare Consolidation Act 2005 – application to reinstate benefit – requirement to reapply for allowance – detention versus disability – amendments following Supreme Court decision
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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