R (RJM) v Secretary of State for Work and Pensions

Case

[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

Areas of Law

  • Constitutional Law

  • Human Rights Law

Legal Concepts

  • Jurisdiction

  • Admissibility of Evidence

  • Discrimination

  • Legitimate Expectation

  • Proportionality

  • Statutory Interpretation

  • Unjust Enrichment