Category: benefits

Bedroom tax loophole could exempt 40,000 wrongly identified as liable – The Guardian

Posted January 10th, 2014 in benefits, government departments, housing, news by sally

‘Thousands of people have been wrongly identified as liable for the bedroom tax, including some who now face eviction or have been forced to move to a smaller property, as a result of an error by Department of Work and Pensions. Housing experts believe as many as 40,000 people could be affected by the mistake. The DWP says it believes only a “small number” of tenants are affected, which it estimates number 5,000.’

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The Guardian, 9th January 2014

Source: www.guardian.co.uk

Shorthold tenancies and council tax liability – NearlyLegal

Posted January 6th, 2014 in appeals, benefits, council tax, landlord & tenant, local government, news by sally

‘If a tenant on a statutory periodic tenancy stops living in the property, but the tenancy is not ended, who is liable for the Council Tax?’

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NearlyLegal, 3rd January 2014

Source: www.nearlylegal.co.uk

Unsuccessful challenge to 52 weeks rule in Housing Benefit Regs – NearlyLegal

Posted January 6th, 2014 in appeals, benefits, detention, disability discrimination, housing, mental health, news by sally

‘Obrey v Secretary of State for Work and Pensions [2013] EWCA Civ 1584 concerns an appeal against an Upper Tribunal (Administrative Appeals Chamber) decision which set aside the findings of the First-tier Tribunal (Social Security and Child Support) that Reg. 7(17), Housing Benefit Regulations 2006, breached Art. 14 ECHR (although not expressly set out in the Judgment, presumably in conjunction with A1P1).’

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NearlyLegal, 6th January 2014

Source: www.nearlylegal.co.uk

Shortfalls, guidance and intentionality – NearlyLegal

Posted December 16th, 2013 in appeals, benefits, homelessness, housing, local government, news, rent by sally

‘A s.202 review decision on affordability was at the centre of this second appeal, brought by Birmingham after a s.204 appeal decision went against them. The issue was to what extent the review decision should manifest attention to the statutory guidance (the July 2006 Guidance) on affordability.

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NearlyLegal, 15th December 2013

Source: www.nearlylegal.co.uk

What use is a Zambrano right of residence? – NearlyLegal

Posted December 11th, 2013 in Administrative Court, appeals, benefits, children, EC law, housing, immigration, news by sally

‘A couple of years ago a lot of lawyers practising in housing, immigration and welfare benefits got very excited by the case of Ruiz Zambrano (European citizenship) [2011] EUECJ C-34/09. The reason for this excitement was that the ECJ said that art.20, of the Treaty, required member states to grant a right of residence to a third country national, who was the primary carer of an EU national, if a refusal to would result in the EU national being forced to leave the EU..More excitingly, this applied to EU nationals who had not left their member state, i.e. it would apply to the parents of British nationals.’

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NearlyLegal, 9th December 2013

Source: www.nearlylegal.co.uk

Regina (MM and another) v Secretary of State for Work and Pensions (Mind and others intervening) – WLR Daily

Posted December 9th, 2013 in appeals, benefits, equality, law reports, mental health, tribunals by sally

Regina (MM and another) v Secretary of State for Work and Pensions (Mind and others intervening) [2013] EWCA Civ 1565 ; [2013] WLR (D) 469

‘The current process for assessing eligibility for employment and support allowance by way of a questionnaire and face-to-face interview placed mental health patients at a substantial disadvantage compared with other claimants. The Secretary of State therefore was under a duty under the Equality Act 2010 to make a reasonable adjustment to accommodate them.’

WLR Daily, 4th December 2013

Source: www.iclr.co.uk

Council ordered to fund support for disabled Roma boy when outside area – Local Government Lawyer

Posted December 9th, 2013 in benefits, children, disabled persons, judicial review, local government, news, social services, travellers by sally

‘A High Court judge has ruled that a council has the power to provide support for a disabled child even when his Roma Gypsy family are working in different parts of the country and outside the council’s borders.’

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Local Government Lawyer, 6th December 2013

Source: www.localgovernmentlawyer.co.uk

Sickness benefits legal challenge to continue – BBC News

Posted December 5th, 2013 in appeals, benefits, learning difficulties, mental health, news, sick leave, social security, tribunals by sally

‘Two people with mental health problems can continue their challenge against government tests for sickness benefit, the Court of Appeal has ruled.’

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BBC News, 4th December 2013

Source: www.bbc.co.uk

EU migrants: David Cameron sets out more benefit restrictions – The Guardian

Posted November 27th, 2013 in benefits, bills, EC law, employment, enforcement, fines, housing, immigration, news, statistics by sally

‘David Cameron made a fresh effort to assuage public concern about a wave of migration from Bulgaria and Romania on Tuesday when he announced a series of benefit restrictions on all EU migrant workers, including a ban on access to housing benefit for all new arrivals and a three-month ban before jobseeker’s allowance can be claimed.’

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The Guardian, 27th November 2013

Source: www.guardian.co.uk

The “bedroom tax” and human rights – Hardwicke Chambers

Posted November 19th, 2013 in benefits, disability discrimination, disabled persons, housing, human rights, news, social services by sally

“At a time when Theresa May has declared that a future Conservative Government would repeal the Human Rights Act 1998 (‘the Act’) and the Justice Secretary, Chris Grayling, is leading a review of the UK’s relationship with the European Court on Human Rights, it is heartening that the judiciary is prepared to apply the Act in a manner which, surely, will attract widespread public support.”

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Hardwicke Chambers, 8th November 2013

Source: www.hardwicke.co.uk

High Court rejects benefit cap claims – Hardwicke Chambers

Posted November 19th, 2013 in benefits, families, news, social security, women by sally

“The High Court has rejected claims for a judicial review of the so-called ‘benefit cap’. Its judgment brings to an end – for the time being at least – speculation about the lawfulness of one of the Government’s most controversial welfare reforms and comes just months after the High Court rejected similar claims for a judicial review of the Social Sector Size Criteria, or so-called ‘bedroom tax’.”

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Hardwicke Chambers, 6th November 2013

Source: www.hardwicke.co.uk

Benefits fraudster who fled to Costa del Sol jailed for three years

Posted November 19th, 2013 in benefits, extradition, fraud, fugitive offenders, news, sentencing, social security by sally

“A benefits fraudster who fled to the Costa del Sol ahead of sentencing in 2008 has been jailed for three years. Work and Pensions Secretary Iain Duncan Smith labelled it ‘outrageous’ that 70-year-old Norman Brennan had been in Spain for five years, and vowed to bring the pensioner back to face justice.”

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The Independent, 18th November 2013

Source: www.independent.co.uk

Miranda, Prisoner Votes & Judicial Review Myths – The Human Rights Roundup – UK Human Rights Blog

Posted November 13th, 2013 in airports, benefits, bills, detention, disabled persons, elections, freedom of expression, human rights, judicial review, media, news, prisons, select committees, terrorism by sally

“This week, the Parliamentary Joint Committee on the draft Voting Eligibility (Prisoners) Bill took evidence , and there were notable comments from the Secretary General of the Council of Europe, the body which monitors compliance with the European Court of Human Rights. Meanwhile, Baroness Hale weighed in on the proposed judicial review changes and, continuing along the judicial review vein, David Miranda (pictured) began his claim on Wednesday.”

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UK Human Rights Blog, 11th November 2013

Source: www.ukhumanrightsblog.com

Regina (JS and others) v Secretary of State for Work and Pensions (Child Poverty Action Group and another intervening) – WLR Daily

Posted November 8th, 2013 in benefits, families, housing, human rights, law reports, sex discrimination, social security by sally

Regina (JS and others) v Secretary of State for Work and Pensions (Child Poverty Action : [2013] EWHC 3350 (QB);   [2013] WLR (D)  425

“The ‘benefit cap’ set in the Benefit Cap (Housing Benefit) Regulations 2012, amending the Housing Benefit Regulations 2006, did not unjustifiably discriminate against women and large families contrary to article 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 5th November 2013

Source: www.iclr.co.uk

 

Five disabled people win independent living fund appeal – The Guardian

Posted November 6th, 2013 in appeals, benefits, care workers, consultations, disabled persons, equality, news, statutory duty by sally

“Five disabled people have won their court of appeal bid to overturn the government’s decision to abolish the independent living fund (ILF).”

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The Guardian, 6th November 2013

Source: www.guardian.co.uk

Single mothers lose legal challenge to benefit cap – BBC News

Posted November 5th, 2013 in benefits, human rights, judicial review, news, social security by sally

“Three single mothers and their children have lost a legal challenge to the government’s benefit cap.”

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BBC News, 5th November 2013

Source: www.bbc.co.uk

East Europeans jailed for fraud over £750,000 ‘benefit tourists’ – Daily Telegraph

Posted November 5th, 2013 in benefits, conspiracy, fraud, news, sentencing, social services by sally

“Three Eastern Europeans who flew friends and family into Britain and claimed £750,000 in tax credits have been jailed for a total of 12 years.”

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Daily Telegraph, 4th November 2013

Source: www.telegraph.co.uk

Regina (Reilly and another) v Secretary of State for Work and Pensions – WLR Daily

Posted November 1st, 2013 in appeals, benefits, employment, forced labour, law reports, social security, Supreme Court by sally

Regina (Reilly and another) v Secretary of State for Work and Pensions [2013] UKSC 68; [2013] WLR (D) 413

“Where a statute required that something be prescribed in delegated legislation, it envisaged that the latter would add something to what was contained in the primary legislation. Therefore the Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011, purportedly made under section 17A of the Jobseekers Act 1995 which provided for the making of regulations to require claimants in receipt of jobseeker’s allowance to participate in schemes of a ‘prescribed description’, were unlawful because they set up a named scheme without any description over and above what was already in section 17A.”

WLR Daily, 30th October 2013

Source: www.iclr.co.uk

R (on the application of Reilly and another) (Respondents) v Secretary of State for Work and Pensions (Appellant) – Supreme Court

Posted October 31st, 2013 in appeals, benefits, employment, forced labour, human rights, law reports, social security, Supreme Court by michael

R (on the application of Reilly and another) (Respondents) v Secretary of State for Work and Pensions (Appellant) [2013] UKSC 68 (YouTube)

Supreme Court, 30th October 2013

Source: www.youtube.com/user/UKSupremeCourt

Supreme court to make final ruling on Poundland case – The Guardian

Posted October 30th, 2013 in appeals, benefits, conspiracy, employment, human rights, judicial review, news, parliament, Supreme Court by sally

“The UK supreme court will hand down judgment on Wednesday morning in what is expected to be the final chapter in a long-running dispute between the Department of Work and Pensions and former jobseeker Cait Reilly over the legality of so-called workfare schemes.”

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The Guardian, 30th October 2013

Source: www.guardian.co.uk