Social Security Legislation 2021/22 Volume III: Administration, Adjudication and the European Dimension

Administration, Adjudication and the European Dimension is Volume III of the 2021/22 edition of the series: Social Security Legislation 2021/22. The companion volumes are Hooker, Mesher, Mitchell, Ward and Wikeley, Volume I: Non-Means Tested Benefits; Mesher, Poynter and Wikeley, Volume II: Universal Credit, State Pension Credit and the Social Fund; Wikeley, Mitchell, Hooker and Rowland, Volume IV: HMRC-administered Social Security Benefits and Scotland; and Mesher, Poynter and Wikeley, Volume V: Income Support and the Legacy Benefits.

The text includes all relevant statutory material as in force on April 12, 2021, indicating clearly the date and effect of amendments. The commentary to this material takes account of decisions of the courts, of the former Social Security Commissioners and of the Upper Tribunal. Tables of cases and a comprehensive index are included to assist the reader.

This volume covers:

• Claims
• Decision-making
• Payments and the recovery of overpayments
• Compensation Recovery Unit powers and procedures
• Rights of appeal
• Tribunal practice and procedure
• Human rights law relevant to social security entitlement
• Social security rights in the UK of European Union citizens (including Irish citizens)
• Rights of British citizens who have lived or worked in, or otherwise had relevant dealings with, a Member State of the European Union or who are currently in that position.)

Apart from the usual many minor amendments to legislation, this year it has been necessary to include a number of amendments related to the completion of the United Kingdom’s withdrawal from the European Union, including further amendments to the European Union (Withdrawal) Act 2018. Also included are relevant extracts from the Withdrawal Agreement, including the Citizens’ Rights provisions, and the Social Security Protocol to the Trade and Cooperation Agreement, as well as the Convention on Social Security between the Government of the United Kingdom and the Government of Ireland.

Amendments to the commentary include references to, and analysis of, important Upper Tribunal decisions and decisions of the courts. In particular, consideration is given to the impact on human rights law of the Supreme Court’s decision in R(SC and others) v Secretary of State for Work and Pensions [2021] UKSC 26 and to both the Court of Appeal’s decision in Fratila and another v Secretary of State for Work and Pensions [2020] EWCA Civ 1741 and the subsequent decision of the Court of Justice of the European Union in CG v Department for Communities (C-709/20).

The editorial team has brought together its academic expertise and knowledge of tribunal practice and procedure, and of the substantive law, to produce a well-established and authoritative guide to social security legislation which will be an essential reference point for the judiciary, legal practitioners, welfare rights advisers, DWP and HMRC decision-makers, and students of the United Kingdom social security system.