Finding the right act, regulation or case lawThis factsheet tells you where to find relevant law to support your claim or appeal. It deals primarily with disability benefits such as disability living allowance, attendance allowance and incapacity benefit, though some of the information may apply to other benefits.
Finding the right act, regulation or case lawUnless you are already familiar with the law, the usual starting point when searching for law references are Disability Alliance's "Disability Rights Handbook" or Child Poverty Action Group's "Welfare Benefits and Tax Credits Handbook". Both of these contain legal references and are published each year.
You can also find out about new legislation or case law in magazine publications such as Child Poverty Action Group’s “Welfare Rights Bulletin”, “Legal Action”, published by Legal Action Group or Citizen Advice’s “Adviser”.
Getting hold of acts and regulations This is useful when an act or regulation is new. It is an online resource only. HMSO is now part of the Office of Public Sector Information.
This is where you can buy a printed version of any item of legislation or any other official publication previously published by HMSO. Legislation made prior to 1987 is not available on the HMSO web site but can be purchased from TSO.
You can contact the Stationary Office online or by telephone (0870 600 5522).
You may also be able to find earlier law in major public libraries but remember that benefits law often has amendments made to it which could make these versions incorrect.
This has all social security law with amendments incorporated. It is available online.
The chief source for this is “Social Security Legislation” – Four volumes published by Sweet and Maxwell. They are:
These volumes gather together amended and updated acts and regulations on their relevant subject areas. Each also provides useful commentaries, including discussions of relevant and supporting case law. They are updated and published annually.
Child Poverty Action Group also publish Housing benefit and council tax benefit legislation, which prints all the law on these two benefits together with commentary.
Where to get hold of case law - commissioner’s decisions, upper tribunal (administrative appeals chamber) decisions and court decisions Many, but not all upper tribunal/commissioner’s decisions are available online. You can access reported upper tribunal/commissioners dating back to 1991 from the Department for Work and Pensions website. You can also access starred and selected decisions going back to 1990 from the Tribunals service website.
Reports of court decisions are available on the internet, including the Disability Alliance web site. Full copies of court decisions are available through british and irish legal information institute (bailii) and Casetrack (you need to subscribe to this service).
For English and Welsh unreported decisions:
Upper Tribunal (Administrative Appeals)
11th Floor Cardinal Tower
12 Farringdon Road
London
EC1M 3HS
Tel: 0 207 549 4660
Fax: 0207 549 4668
email: adminappeals@tribunals.gsi.gov.uk
For Scottish unreported decisions:
Upper Tribunal Administrative Appeals Chamber
George House
126 George Street
Edinburgh
EH2 4HH
Tel: 0131 271 4310
Fax: 0131 271 4398
ossc@ossc-scotland.org.uk
For Northern Ireland unreported decisions:
Office of the Social Security Commissioners,
Headline Building,
10-14 Victoria Street,
Belfast,
BT1 3GG
Tel: 028 9033 2344
Fax: 028 9031 3510
email: socialsecuritycommissioners@courtsni.gov.uk
Using the internetYou can download summaries of case law decisions from our website at www.disabilityalliance.org/digest.htm. Summaries of individual court cases are also available at www.disabilityalliance.org/caselaw.htm. Digests of Acts and regulations are available at www.disabilityalliance.org/digest2.htm
www.rightsnet.org.uk/ also provides summaries of commissioner's decisions in their briefcase section, though this is a subscription only service. It also has an archive of older commissioner decisions dating back as far as the 1940's, which is available to view and download without subscribing to Rightsnet.
A good starting point when looking for law on the internet is our legal links page at www.disabilityalliance.org/links5.htm. From this link you can access all the online resources mentioned above and much more.
To save time trawling through the various websites you can try searching for commissioner’s decisions and case law using www.google.com.
You just need to type in the name of the case or decision you need and it will search most of the sites mentioned above. The only thing you need to bear in mind is that decisions may be written slightly differently on different sites.
For example CDLA/5250/02 may also be written as CDLA 5250 2002 or CDLA/5250/2002. Try all of these combinations. You can also search for all case law summaries on our site. We have also provided a list of useful publications on our website at www.disabilityalliance.org/dramzon2.htm
www.disabilityalliance.org - 26 August 2009
