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HMRC internal manual

Tax Credits Technical Manual

Decision Making: The Human Rights Act and Glossary of Terms: The Human Rights Act 1998 - What is it?

The Human Rights Act was passed in 1998 but only came into force on 2 October 2000. This brought powers from the 1950 European Convention on Human Rights under the umbrella of UK law and into the remit of the UK’s own judicial system.

Prior to this date someone claiming a breach of their Human Rights under the 1950 Convention would have to take their case to The European Court of Human Rights in Strasbourg. A person’s rights are not absolute. Rights must be considered and compared against other rights to ensure fairness.

For example Article 1 of the first Protocol talks about a right to peaceful enjoyment of one’s possessions. If however the removal of those possession is done lawfully (such as through deductions from a tax credits award to repay a debt under s29 of the TCA) then the article does not apply.