Category: benefits

Hines v Lambeth London Borough Council – WLR Daily

Posted June 4th, 2014 in appeals, benefits, carers, children, EC law, families, housing, immigration, law reports by tracey

Hines v Lambeth London Borough Council: [2014] EWCA Civ 660; [2014] WLR (D) 238

‘A person whose right to remain in the United Kingdom had expired and who sought housing assistance under the Housing Act 1996 on the basis of a derivative right of residence as a primary carer of her son, a British citizen, would be entitled to accommodation only if her son would be effectively compelled to leave the United Kingdom if she left.’

WLR Daily, 20th May 2014

Source: www.iclr.co.uk

Family of disabled grandchild lose spare bedroom fight – BBC News

Posted June 2nd, 2014 in appeals, benefits, carers, children, disabled persons, housing, news by sally

‘A couple who care for their severely disabled grandchild have lost an appeal against cuts to their housing benefits because they have a spare bedroom.’

Full story

BBC News, 30th May 2014

Source: www.bbc.co.uk

Curry house owner jailed after falsely claiming £41,000 benefits which wife spent on designer clothing – Daily Telegraph

Posted May 12th, 2014 in benefits, fraud, news, sentencing by sally

‘Mohammed Chowdhury claimed he only worked 16 hours a week as a waiter but owned an Essex tandoori restaurant which made £400,000 a year.’

Full story

Daily Telegraph, 12th May 2014

Source: www.telegraph.co.uk

Challenging discretionary housing payments by way of judicial review – Garden Court Chambers Blog

Posted May 8th, 2014 in benefits, housing, judicial review, local government, news, social services by tracey

‘Desmond Rutledge looks at the role discretionary housing payments (DHPs) have assumed in the wake of the Government’s welfare reform programme and examines the scope for challenging DHP decisions.’

Full story

Garden Court Chambers Blog, 7th May 2014

Source: www.gclaw.wordpress.com

Judicial review to go ahead on impact of ‘bedroom tax’ on separated families – Local Government Lawyer

Posted May 6th, 2014 in benefits, families, housing, human rights, news, social security by tracey

‘Human rights campaign group Liberty has been given permission by a High Court judge to bring a judicial review claim over the impact of the Government’s spare-room subsidy or “bedroom tax” on separated families with shared custody of children.’

Full story

Local Government Lawyer, 2nd May 2014

Source: www.localgovernmentlawyer.co.uk

Women in burial and fraud case must repay £90,000 – BBC News

Posted April 29th, 2014 in benefits, fraud, news, preventing lawful & decent burial, proceeds of crime, repayment, social security by sally

‘Two women who were jailed after burying a man in a garden and claiming his benefits have been ordered to repay almost £90,000 under the Proceeds of Crime Act.’

Full story

BBC News, 28th April 2014

Source: www.bbc.co.uk

Ignoring the Court of Appeal? – NearlyLegal

Posted April 25th, 2014 in appeals, benefits, disability discrimination, disabled persons, housing, married persons, news by sally

‘There has been an odd bedroom tax development, one on which details are tantalisingly still absent. Mr & Mrs Carmichael have won their appeal to the First Tier Tribunal, apparently on the basis of Mrs Carmichael’s disability, so on grounds of Article 14 read with Art 1 Protocol 1. The Tribunal apparently found that it would be unjustifiable discrimination to impose the bedroom tax.’

Full story

NearlyLegal, 24th April 2014

Source: www.nearlylegal.co.uk

Supreme Court to hold expedited hearing on benefit cap next week – Local Government Lawyer

Posted April 24th, 2014 in appeals, benefits, housing, news, social services, Supreme Court by tracey

‘The Supreme Court will next week hold an expedited hearing of a challenge to the Government’s introduction of the controversial “benefit cap”. The case of R on the application of SG and others (previously JS and others) (Appellants) v The Secretary of State for Work and Pensions (Respondents) will be heard over two days on 29-30 April by a panel comprising Lady Hale, Lord Kerr, Lord Reed, Lord Carnwath and Lord Hughes.’

Full story

Local Government Lawyer, 23rd April 2014

Source: www.localgovernmentlawyer.co.uk

Woman who said she had agoraphobia but led ‘globetrotting lifestyle’ jailed – The Guardian

Posted April 24th, 2014 in benefits, fraud, news, sentencing, social services by tracey

‘A woman who claimed she was trapped at home in the UK by agoraphobia but in fact led a lavish globetrotting lifestyle has been jailed for falsely claiming benefits.’

Full story

The Guardian, 23rd April 2014

Source: www.guardian.co.uk

Judge condemns ‘ludicrously low’ sentencing powers as benefits cheat jailed – Daily Telegraph

Posted April 24th, 2014 in benefits, fraud, judges, news, sentencing, social services by tracey

‘A judge condemned her own sentencing powers as “ludicrously low” as she ordered a woman who fraudulently claimed £40,000 in benefits to repay the money at a rate of £10 a week and said it was unlikely the total would ever be recovered.’

Full story

Daily Telegraph, 23rd April 2014

Source: www.telegraph.co.uk

Regina (Refugee Action) v Secretary of State for the Home Department – WLR Daily

Posted April 16th, 2014 in asylum, benefits, budgets, EC law, immigration, judicial review, law reports, standards by tracey

Regina (Refugee Action) v Secretary of State for the Home Department: [2014] EWHC 1033 (Admin);   [2014] WLR (D)  167

‘The Home Secretary had acted unlawfully in failing to identify and take account of certain essential living needs for which provision had to be made in setting the level of cash support under section 96(1)(b) of the Immigration and Asylum Act 1999.’

WLR Daily, 9th April 2014

Source: www.iclr.co.uk

Asylum-seeker subsistence payments defeat for government in high court – The Guardian

Posted April 10th, 2014 in asylum, benefits, costs, news, social security by sally

‘The home secretary, Theresa May, has been ordered to review the level of benefits paid to asylum seekers after the high court ruled that she acted unlawfully in freezing essential living needs payments.’

Full story

The Guardian, 9th April 2014

Source: www.guardian.co.uk

Room for manoeuvre – Hardwicke Chambers

Posted April 8th, 2014 in appeals, benefits, disability discrimination, disabled persons, housing, news, social security by sally

‘In R (on the application of MA & Ors) v The Secretary of State for Work and Pensions (Respondent) and The Equality and Human Rights Commission (Intervener) [2014] EWCA 13 the Court of Appeal has rejected appeals against the dismissal of claims for a judicial review of the so-called “bedroom tax”, bringing to an end – for the time being at least – months of speculation about the lawfulness of arguably the most controversial aspect of the Government’s welfare reform programme.’

Full story

Hardwicke Chambers, 12th March 2014

Source: www.hardwicke.co.uk

Housing benefit changes distress disabled people, say MPs – BBC News

Posted April 3rd, 2014 in benefits, disabled persons, mental health, news, reports, select committees, social security by tracey

‘Changes to housing benefit in England, Scotland and Wales are creating “financial hardship and distress” for disabled people, MPs have warned.’

Full story

BBC News, 2nd April 2014

Source: www.bbc.co.uk

Room use and Uratemp – NearlyLegal

Posted March 18th, 2014 in appeals, benefits, disabled persons, housing, news, social security by tracey

‘A successful FTT bedroom tax appeal in Birkenhead has raised some new questions over ‘room use’ as an argument.’

Full story

NearlyLegal, 17th March 2014

Source: www.nearlylegal.co.uk

Why the human rights challenge to the ‘bedroom tax’ failed – Garden Court Chambers Blog

Posted March 18th, 2014 in appeals, benefits, disabled persons, housing, human rights, news, social security by tracey

‘Desmond Rutledge examines why the Court of Appeal in MA and Others refused to apply the reasoning in Burnip to disabled adults in the social sector who need an extra bedroom.’

Full story

Garden Court Chambers, 17th March 2014

Source: www.gclaw.wordpress.com

Facebook status used to catch Exeter benefits cheat – BBC News

Posted March 17th, 2014 in benefits, fraud, internet, news, sentencing by tracey

‘A married benefits cheat who swindled £65,000 by claiming she was a single mother was caught after investigators checked her Facebook status, Exeter Crown Court has heard.’

Full story

BBC News, 14th March 2014

Source: www.bbc.co.uk

Cap on housing benefit is lawful, says Court of Appeal – UK Human Rights Blog

Posted February 27th, 2014 in appeals, benefits, domestic violence, housing, human rights, news, regulations, sex discrimination, social security, treaties by sally

‘The Court of Appeal has rejected on all grounds a claim that the cap on housing benefit amounted to unlawful discrimination against women.’

Full story

UK Human Rights Blog, 26th February 2014

Source: www.ukhumanrightsblog.com

Stephen Worton jailed for £58,000 benefits fraud – BBC News

Posted February 25th, 2014 in benefits, fraud, news, sentencing, social security by sally

‘A benefits cheat filmed riding an elephant in India, walking unaided and getting into a van while claiming he was too ill to work has been jailed.’

Full story

BBC News, 24th February 2014

Source: www.bbc.co.uk

Judge rejects bedroom tax unlawfully discriminates against disabled – Daily Telegraph

Posted February 24th, 2014 in benefits, disability discrimination, disabled persons, housing, news by sally

‘Judge rejects accusations that the so-called ”bedroom tax” unlawfully discriminates against the disabled.’

Full story

Daily Telegraph, 21st February 2014

Source: www.telegraph.co.uk