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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Devoy v Social Security Commissioner [2001] EWCA Civ 978 (14 June 2001) URL: https://www.bailii.org/ew/cases/EWCA/Civ/2001/978.html Cite as: [2001] EWCA Civ 978 |
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE SOCIAL SECURITY COMMISSIONER
Royal Courts of Justice Strand London WC2 Thursday, 14th June 2001 |
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B e f o r e :
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EDWARD FRANCIS DEVOY | ||
Applicant | ||
- v - | ||
SOCIAL SECURITY COMMISSIONER |
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190 Fleet Street, London EC4A 2AG
Telephone No: 0171-421 4040
Fax No: 0171-831 8838
Official Shorthand Writers to the Court)
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Crown Copyright ©
"In circumstances where paragraphs 2 to 4 do not provide an answer and there is no agreement between the parties, then the Secretary of State is under paragraph 5 able to choose which person is to be entitled in respect of each child. There is no power to split the award of child benefit in respect of any one child, but the Secretary of State may choose one person to be entitled in respect of one child and the other person to be entitled in respect of another child. In the present case, the Secretary of State chose the claimant's ex-wife in respect of both children. That is a choice which has to be accepted by the person making the decision on the claim, and there is no right of appeal to an appeal tribunal against the choice... Therefore the decision was given that the claimant was not entitled to child benefit from 3 January 2000."
"Subject to the special provisions of this Regulation, persons resident in the territory of one of the Member States to whom this Regulation applies shall be subject to the same obligations and enjoy the same benefits under the legislation of any Member State as the nationals of that State."