Category: benefits

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 sally

‘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.’

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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 sally

‘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.’

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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 sally

‘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.’

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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 sally

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.’

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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.’

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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 sally

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

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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 sally

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

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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 sally

‘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.’

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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 sally

‘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.’

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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.’

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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.’

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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.’

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Daily Telegraph, 21st February 2014

Source: www.telegraph.co.uk

Bedrooms and a family home – NearlyLegal

Posted February 19th, 2014 in appeals, benefits, children, families, housing, human rights, local government, news, tribunals by sally

‘A new First Tier Tribunal bedroom tax appeal decision from Liverpool, again a successful one, and this time on wholly new grounds.’

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NearlyLegal, 18th February 2014

Source: www.nearlylegal.co.uk

Geoffrey Sturdey: Three sentenced on burial charges – BBC News

Posted February 18th, 2014 in benefits, fraud, news, preventing lawful & decent burial, sentencing, social security, suspended sentences by sally

‘Two women who failed to report the death of a man and went on to claim his benefits have been jailed for 20 months.’

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BBC News, 17th February 2014

Source: www.bbc.co.uk

When is a bedroom not a bedroom? – Hardwicke Chambers

Posted February 14th, 2014 in benefits, disabled persons, housing, news by sally

‘Iain Duncan Smith, the Work and Pensions Secretary, could be forgiven for thinking that 2014 is not shaping up to be a great year for him. In the last month, the list of tribunal decisions freeing tenants from the so-called bedroom tax has been growing ever larger.’

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Hardwicke Chambers, 12th February 2014

Source: www.hardwicke.co.uk

Upper Tribunal on bedrooms – NearlyLegal

Posted January 27th, 2014 in appeals, benefits, carers, housing, interpretation, local government, news, tribunals by sally

‘There has been some excited talk about an Upper Tribunal decision on a Local Housing Allowance appeal which apparently offered a definition of ‘bedroom’. Obviously, as an Upper Tribunal decision, this would be binding on First Tier Tribunals, even though addressing LHA rather than the bedroom tax.’

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NearlyLegal, 26th January 2014

Source: www.nearlylegal.co.uk

HB and Exempt accommodation: unreasonably high rent – NearlyLegal

Posted January 24th, 2014 in benefits, housing, landlord & tenant, news, rent, service charges by sally

‘I admit that SS v Birmingham CC [2013] UKUT 418 (AAC) has been on my to do list for a while and that, possibly, the main reason for finding the time to write it up is because I’m on a two hour strike (#fairpayinHE). But, it is a really quite important case about the application of the unreasonably high rent rule for “exempt accommodation” in Reg 13 and Sch 3 of the 2006 Housing Benefit regs. The principal question of law concerns the meaning of “suitable alternative accommodation” in those regs.’

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NearlyLegal, 23rd January 2014

Source: www.nearlylegal.co.uk

High Court rules on provision of care for nomadic Gypsy/Traveller children – Halsbury’s Law Exchange

Posted January 20th, 2014 in benefits, children, disabled persons, equality, human rights, judicial review, local government, news, travellers by sally

‘Marc Willers analyses the impact of a High Court ruling which gave an important judgment on the provision of care for nomadic Gypsy and Traveller children.’

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Halsbury’s Law Exchange, 17th January 2014

Source: www.halsburyslawexchange.com

Personal data: Tribunal analyses the ‘relates to’ and ‘identification’ limbs – Panopticon

Posted January 10th, 2014 in benefits, complaints, data protection, freedom of information, news, tribunals by sally

‘I have commented in previous posts on how infrequently the Data Protection Act 1998 has been the subject of substantive litigation before the courts. One consequence of this is persistent uncertainty over how pivotal concepts such as “personal data” are to be analysed and approached. Last year, the High Court in Kelway v The Upper Tribunal, Northumbria Police and the Information Commissioner (2013) EWHC 2575 (Admin) considered how “personal data” issues should be approached.’

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Panopticon, 9th January 2014

Source: www.panopticonblog.com