Carson & Another v Secretary of State for Work and Pensions [2003] EWCA Civ 797 was heard in the Court of Appeal (Civil Division) in the Supreme Court on 17 June 2003 before Lord Justice Brown, Lord Justice Laws, and Lord Justice Rix.
Two separate High Court cases were brought together for the purposes of this appeal: R (Carson) v Secretary of State for Work and Pensions & Another, from the Administration Court of the Queens Bench Division of the High Court of Justice in England and Wales before The Honourable Mr. Justice Burnton, and R (Reynolds) v Secretary of State for Work and Pensions, from the Administration Court of the Queen's Bench Division of the High Court of Justice in England and Wales before Mr. Justice Wilson.
The two litigants in this case were Annette Carson and Joanne Reynolds.
This case was a UK labour law and Human Rights Act 1998 case on "right to property" under Article 1 of the First Protocol (Protection of Property) and Article 14 of the convention (Prohibition of Discrimination). In Reynolds's case, there was also Article 8 – the right to respect for "private and family life" to consider.
Background
Carson contended that the failure of the UK Government to pay the annual inflationary increase to the UK State Pension in some countries but not others contravened the European Convention on Human Rights (ECHR) and that she and many others were being discriminated against. She had found that the annual increase to the UK State Pension is payable in countries like the UK, the European Economic Area (EEA) and a number of disparate countries (the United States, for example), whilst not being payable in predominantly Commonwealth countries such as Australia, Canada, New Zealand and South Africa. Carson claimed that under Article 1 her state pension, or alternatively its uprating, are "pecuniary rights", and therefore “possessions” within the meaning of Article 1 of the First Protocol and Article 14. In her original case, Justice Burnton had found in favour of the UK Government, citing that the judiciary should not override legislative UK government policy.
Reynolds was born on 9 November 1976. When she left school she began work and continued to work until she was made redundant on 12 October 2000. Whilst she was working she paid National Insurance Contributions. On 24 October 2000 she applied for Jobseeker's Allowance and it was paid with effect from that date. There are two different types of Jobseeker's Allowance - “JSA(C)” which is based on National Insurance Contributions paid over a prescribed minimum period and is not means-tested - the other “JSA(IB)” is income-based and a Means-tested benefit. Reynolds was paid the lesser of the two amounts and therefore was taking civil action against the UK Government saying that the UK Government's action was incompatible with Article 1 of the First Protocol to the convention; and under Article 14 of the convention she claimed she was being discriminated against because of her age; and under Article 8 of the ECHR (respect for her private life and her home); and finally her right not to be subjected to degrading treatment under Article 3 of ECHR (the prohibition of torture, and "inhuman or degrading treatment or punishment").
Reynolds could not return to work so instead of receiving the Job Seeker's Allowance she received Income Support which continued to be paid to her. She was under 25 at the time and lived in social housing. She received £41.35 a week and if she was over 25 she would have received £52.20 per week. The UK Government said that 18- to 24-year-olds earn less and mostly do not live independently. They should be discouraged from living independently and there is welfare support for this group in other ways.
Judgment
Carson
Carson contended that Regulation 3 of the Social Security Benefits Uprating Regulation was "repugnant" to Article 14 of the Convention in conjunction with Article 1P because it discriminated against her based on the fact that she had relocated to South Africa for work purposes. para 15 In addition, it was beyond the powers of this Regulation in violation of Article 14 read in conjunction with Article 1P because it discriminated against Carson on grounds of her "place of residence" without any "objective and reasonable justification". The Regulation also constituted a violation of Article 1P taken on its own.