Secretary of State for Work and Pensions v Carmichael and another

Social security – Housing benefit. The existing powers of courts and tribunals did not include the rewriting of primary or secondary legislation to render it compatible with the European Convention on Human Rights and s 3 of the Human Rights Act 1998 gave no such power. Accordingly, the Court of Appeal, Civil Division, in allowing the Secretary of State's appeal, held that there was no material difference between the excision of the Upper Tribunal (Administrative Appeals Chamber) of words from the Housing Benefit Regulations 2006, SI 2006/213, and the First-tier Tribunal's adding words to the Regulations; they were both impermissible rewriting of the Regulations.

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