R (RJM) v Secretary of State for Work and Pensions
Case
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[2008] UKHL 63
•22 October 2008
Details
AGLC
Case
Decision Date
R (RJM) v Secretary of State for Work and Pensions [2008] UKHL 63
[2008] UKHL 63
22 October 2008
CaseChat Overview and Summary
The case involves an appeal by RJM against the Secretary of State for Work and Pensions, challenging the denial of disability premium to disabled individuals without accommodation, also known as "rough sleepers". The House of Lords, Appellate Committee, dismissed the appeal, holding that the discrimination was justified. The legal issues revolved around whether the denial of disability premium to rough sleepers constituted discrimination under Article 14 of the European Convention on Human Rights, and if so, whether this discrimination could be justified. The court held that homelessness was a personal characteristic, thus bringing the case within the scope of Article 14. However, the discrimination was justified as the government aimed to encourage rough sleepers to seek shelter and help rather than providing financial assistance that might be misused. The court also addressed the issue of precedent, concluding that the Court of Appeal was entitled to depart from its previous decision in light of a subsequent decision of the European Court of Human Rights. The appeal was dismissed.
Details
Key Legal Topics
Areas of Law
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Constitutional Law
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Human Rights Law
Legal Concepts
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Jurisdiction
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Admissibility of Evidence
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Discrimination
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Legitimate Expectation
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Proportionality
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Statutory Interpretation
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Unjust Enrichment
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Most Recent Citation
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Cases Citing This Decision
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Cases Cited
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Statutory Material Cited
0
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