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Decision of the Commissioner, 30th June 1994 [under the] Social Security Acts 1975 to 1990
Corporate AuthorDepartment of Social Security - DSS
PublisherThe Stationery Office [HMSO], London, 1997
Pages10 pp (Commissioner's Decision R(P) 1/95)
SourceThe Stationery Office, Publications Centre, PO Box 276, London SW8 5DT.
KeywordsSocial security benefits ; Old persons pensions ; Sexual equality ; Law.
AnnotationThis decision reports on a female claimant who had become incapable of work aged 58. As her contribution record was deficient, she claimed income support. When aged 67, she sought to de-retire, to re-qualify for invalidity benefit, which although paid at the same rate as retirement pension, would in turn enable her to qualify for the higher pensioner premium of income support. A man can de-retire up to the age of 70 under the provisions of section 54 of the Social Security Contributions and Benefits Act 1992. The claimant argued that these provisions were discriminatory on grounds of sex, and contrary to EEC Directive 79/7. The commissioner's decision was that the claimant was not entitled to de-retire as she wished, as she was over 65 at 21.12.91.
Accession NumberCPA-970530004 P
ClassmarkJH: JJD: TM8: VR *

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