The Board could not tell how many had simply failed to apply because of the exclusion. It is not entirely clear why it was felt necessary to proceed to distinguish Stecsince the position adopted by the parties on the relevant issue, is briefly, if at all, stated. The argument advanced for the respondent in RJM, largely that advanced in the present case was rejected on the basis of Stec. It has distinct statutory provision with distinct Ministerial responsibility. Accordingly, amongst the considerations were the financial and staff resources and the lack of information as to the size of the problem.
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She sought declarators that paragraph 7 b and the decision were unlawful and reduction both of the decision and the paragraph.
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Accordingly, the observations in Stec fall to be restricted to cases of the kind which were before the court, namely those relating to welfare benefits. Where no criminal proceedings had followed the Board would scrutinise the application with particular care, bearing in mind the possibility of collusion.
The POW case was one relating to compensation, in that case for historic wrongs, and the court held that the Stec principle did not apply. The context is one where considerable latitude required to be given to the legislature.
It is clear from the report that the long-term sustainability of the scheme was a central feature in the recommendation to abolish the rule without retrospective effect.
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In cooperation with Firelands Regional Medical Center. of Erie County, the data collected was weighted by age, gender, race, and income using census. Only one application made by a child injured by a member of the family had been be secured without discrimination on any ground such as sex, race, colour, language.
A claim pre-dating would, on the basis of the POW case, of Medical Costs for Asbestos Diseases (Wales) Bill  AC
Submissions for the respondent. Home United States U.
However, it may have been in answer to a submission that since the compensation for forced labour came out of general taxation, as did welfare benefits, that was sufficient to engage A1P1. For the purposes of Article 14 it is not necessary for the substantive right to be made out.
The government was entitled to take a cautious approach and to impose a cut-off date to mitigate the effects of change, a policy decision in an area of public interest deserving of considerable deference.
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|There was no basis in national law for the claim in the present case, it being precluded by the scheme.
Paragraph 7 of the Scheme provided: We accept the submission of the respondent that the status in question was not an immutable one: The Board could not tell how many had simply failed to apply because of the exclusion. He rejected an argument that Stec was to be limited to cases within the framework of social security: There may be room for a difference of view but the justifications were squarely within the bounds of what was justifiable in applying the correct test and the Court should be slow to depart from the view of the decision-maker.
No real risk of benefit to the offender would arise when a long prison sentence had been imposed, where parties had been divorced, or where it was plain they would never again live together.