13Mrs Sutton then lodged an appeal against that decision with the Social Security Commissioner (‘the Commissioner’), who decided to stay proceedings until higher courts and the Court of Justice had ruled on parallel cases. Following the judgment of the Court in Case C-328/91 Secretary of State for Social Security v Thomas and Others [1993] ECR I-1247, the Commissioner held that the Adjudication Officer could not rely on Article 7(1 )(a) of Directive 79/7 to justify a refusal, by virtue of Article 37(5) of the Act, to award ICA to women aged over 60.
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