Jobseekers' allowance sex bias unlawful

We've got two leading members of the men's and father's rights movement to thank for this significant development. While the case is on-going, here is the latest situation :

from The Times Thursday 17 May 2001 :

Law report

Jobseekers' allowance sex bias unlawful

COURT OF APPEAL

Hockenjos v Secretary of State for Social Security

Before Lord Justice Aldous, Lord Justice Tuckey and Lord Justice Kay

Judgment May 2, 2001

The statutory scheme of the Jobseekers' Act 1995 was to provide protection against the risk of unemployment. The Act therefore fell within the Equal Treatment Directive which prohibited discrimination on the ground of sex, whether directly or indirectly. The Court of Appeal so held in a reserved judgment in allowing an appeal brought by a separated father, Eugen Herman Hockenjos, against the dismissal by Mr Commissioner Goodman on May 2, 2000 of his appeal from the social security appeal tribunal which had dismissed his appeal from the adjudication officer, holding that he was not entitled to an additional amount in respect of his two children who stayed with him for different but approximately equal parts of the week, as they did with their mother who received child benefit.

The COA has now instructed the Social Security Commissioner to finally hear arguments that it is unlawfult when a parent (nearly always the father) who has parental responsibility (as defined in 89/UK/ Children Act) gets excluded from obtaining child additions and Family Premium increases when temporarily dependent on Social Security Benefits.

What will be considered is the question of whether direct linkage of Dependents Allowances to receipt of Child Benefit has a disproportionate impact on fathers when compared to mothers. I say linkage to receipt of Child Benefit creates Indirect Discrimination and that such linkage is in breach of European Law Directive 79/7/EEC.

No adjudication of the claim that indirect discrimination operates has been made todate.

The COA ruling merely established that Income based Job Seekers Allowance (JSA) is a scheme that falls under the orbit of EU Directive 79/7 (council directive which makes it unlawful for EU countries to operate Social Security schemes for the unemployed, sick and disabled if such a scheme has elements of direct or indirect discrimination on the grounds of a claimant's gender).