The (absence of) reasons in Redcar – NearlyLegal

Posted October 7th, 2013 in appeals, benefits, disabled persons, housing, landlord & tenant, news by sally

“You may well have seen or heard press stories on a First Tier tribunal bedroom tax appeal decision in Redcar and Cleveland. There has been a lot of excitable comment about it representing a ‘landmark appeal‘ and ‘hope for 440,000 disabled’. Even the tenant’s landlord, who supported her, described it as ‘fantastic news’ which ‘which should give hope to hundreds of thousands of disabled people right across the country’.”

Full story

NearlyLegal, 5th October 2013

Source: www.nearlylegal.co.uk

Benefit cap faces High Court challenge – BBC News

Posted October 3rd, 2013 in benefits, illegality, judicial review, news, social services by sally

“Three families are challenging the government in court in a bid to prove its benefits cap is unlawful.”

Full story

BBC News, 2nd October 2013

Source: www.bbc.co.uk

And another one… – Nearly Legal

“Another bedroom tax judicial review has just been issued.”

Full story

Nearly Legal 30th September 2013

Source: www.nearlylegal.co.uk/blog/

Westminster clear up – NearlyLegal

Posted September 30th, 2013 in appeals, benefits, disabled persons, housing, landlord & tenant, local government, news by sally

“There has been a lot of excitement about the Westminster FTT bedroom tax appeal by Mr Surinder Lall (eg Guardian, CAB). As I mentioned in my last post on the FTT bedroom tax decisions, it was hard to tell what had happened by looking at the decision itself and the press reports. Some, like the CAB, have taken the view that it was Mr Lall’s use of the second room to hold and use equipment related to his disability (he is blind) that was the basis of the decision. If so, this would be a ‘current use’ decision and highly significant, in view of the DWP’s position that ‘tenant use’ should not be a factor.”

Full story

NearlyLegal, 28th September 2013

Source: www.nearlylegal.co.uk

Bedroom tax defeat for Westminster council in landmark case – The Guardian

Posted September 27th, 2013 in benefits, disabled persons, housing, local government, news, social security by tracey

“A housing association tenant in central London has won an appeal against the imposition of the bedroom tax by Conservative-run Westminster city council, in what is thought to be the first such victory in England.”

Full story

The Guardian, 26th September 2013

Source: www.guardian.co.uk

Council to pay out after housing families in B&Bs for longer than six weeks – Local Government Lawyer

“A local authority is set to pay out thousands of pounds after it housed 40 homeless families in bed and breakfast accommodation for longer than the recommended limit of six weeks.”

Full story

Local Government Lawyer, 24th September 2013

Source: www.localgovernmentlawyer.co.uk

Changing rooms – NearlyLegal

“The bedroom tax First Tier Tribunal decisions are coming in now. And they are intriguing. In some ways, not a surprise, in others somewhat opaque. As well as the first Fife decision, there are another four Fife decisions that I’ve now seen, and a rather frustrating one from Westminster.”

Full story

NearlyLegal, 24th September 2013

Source: www.nearlylegal.co.uk

Pensionsversicherungsanstalt v Brey – WLR Daily

Posted September 23rd, 2013 in benefits, EC law, freedom of movement, law reports, pensions by sally

Pensionsversicherungsanstalt v Brey (Case C-140/12); [2013] WLR (D) 352

“European Union law—in particular, articles 7(1)(b), 8(4) and 24(1) and (2) of Parliament and Council Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states—precluded national legislation which, even in relation to the period following the first three months of residence, automatically barred the grant of a social security benefit to a national of another member state who was not economically active, on the grounds that, despite having been issued with a certificate of residence, he did not meet the necessary requirements for obtaining the legal right to reside on the territory of the first member state for a period of longer than three months, since obtaining that right of residence was conditional upon that national having sufficient resources not to apply for the benefit.”

WLR Daily, 19th September 2013

Source: www.iclr.co.uk

Director of Public Prosecutions sets out charging standards for benefit and tax credit fraud – Crown Prosecution Service

“The Director of Public Prosecutions, Keir Starmer, QC, has today published new guidelines for prosecutors dealing with fraud cases involving state benefits and tax credits. The charging standards will ensure a robust prosecutorial position is taken against those who commit fraud against the Department for Work and Pensions (DWP) and will ensure a consistent approach to prosecution across the wide spectrum of criminal fraud.”

Full press release

Crown Prosecution Service, 16th September 2013

Source: www.cps.gov.uk

Benefit cheats could face jail terms of up to ten years – Daily Telegraph

“Benefit cheats could face jail terms of up to ten years under plans to crackdown on people who ‘flout the system’, the country’s top prosecutor will say on Monday.”

Full story

Daily Telegraph, 16th September 2013

Source: www.telegraph.co.uk

UN to investigate impact of ‘bedroom tax’ on human rights of low-income households – The Independent

Posted September 5th, 2013 in benefits, housing, human rights, news, social security, United Nations by sally

“The impact of the so-called ‘bedroom tax’ on the human rights of low-income households is being examined by a senior United Nations official.”

Full story

The Independent, 4th September 2013

Source: www.independent.co.uk

‘Glitterlips’ drag queen jailed for benefits fraud – The Independent

Posted August 23rd, 2013 in benefits, fraud, news, sentencing, social security by sally

“A man who wrongly claimed £88,000 in benefits while performing as a high-heeled drag queen on stage has been jailed.”

Full story

The Independent, 22nd August 2013

Source: www.independent.co.uk

‘Wrong leg’ fraud case dropped at Exeter Crown Court – BBC News

Posted August 21st, 2013 in benefits, fraud, news by sally

“A man accused of benefits fraud has had his prosecution dropped because the investigations looked at the wrong leg.”

Full story

BBC News, 20th August 2013

Source: www.bbc.co.uk

Barrister Nadine Wilson-Ellis jailed for Bristol flat scam – BBC News

Posted August 21st, 2013 in barristers, benefits, documents, fraud, housing, landlord & tenant, news by sally

“A barrister has been sent to prison for seven months after pretending to be an unemployed single mother-of-two to get a council flat which she sub-let.”

Full story

BBC News, 20th August 2013

Source: www.bbc.co.uk

When is Judicial Review Available as a Remedy in Relation to Housing Benefit Issues Where There are Possession Proceedings for Rent Arrears? – Garden Court Chambers Blog

Posted August 13th, 2013 in benefits, housing, judicial review, legal aid, news, repossession, social security by sally

“Desmond Rutledge considers the scenarios in which judicial review is available as a solution to certain housing benefit issues and provides specific examples of housing benefit decisions that are susceptible to judicial review.”

Full story

Garden Court Chambers Blog, 13th August 2013

Source: www.gclaw.wordpress.com

High Court rejects “bedroom tax” claims – Hardwicke Chambers

“The High Court has rejected claims for a judicial review of the so-called ‘bedroom tax’. Its judgment brings 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, 31st July 2013

Source: www.hardwicke.co.uk

Fox v British Airways plc – WLR Daily

Fox v British Airways plc [2013] EWCA Civ 972; [2013] WLR (D) 330

“Where a claimant could establish liability for unfair dismissal and disability discrimination in respect of his son who had been a member of a company pension scheme and who died shortly after dismissal by the company for medical incapacity, the son’s estate would be entitled to compensation in a sum equivalent to the full amount of the death in service benefit that would have been payable under the scheme if the son had remained in employment at the date of his death.”

WLR Daily, 31st July 2013

Source: www.iclr.co.uk

Regina (MA and others) v Secretary of State for Work and Pensions (Equality and Human Rights Commission and another intervening) – WLR Daily

Posted August 2nd, 2013 in benefits, disabled persons, housing, law reports, social security by sally

Regina (MA and others) v Secretary of State for Work and Pensions (Equality and Human Rights Commission and another intervening) [2013] EWHC 2213 (Admin); [2013] WLR (D) 325

“The refusal of the Secretary of State to exclude some disabled persons from the changes introduced into the Housing Benefit Regulations 2006 by the Housing Benefit (Amendment) Regulations 2012, and the provision made by way of access to discretionary housing payments, constituted a proportionate approach to difficulties which those persons faced.”

WLR Daily, 30th July 2013

Source: www.iclr.co.uk

Lloyd v Lewisham London Borough Council and another – WLR Daily

Posted August 1st, 2013 in appeals, benefits, housing, law reports, local government, social security by sally

Lloyd v Lewisham London Borough Council and another [2013] EWCA Civ 923; [2013] WLR (D) 317

“Paragraph 14(1)(e) of Schedule 5 to the Housing Benefit Regulations 2006 and paragraph 15(1)(e) of Schedule 4 to the Council Tax Benefit Regulations 2006, both of which set out the items of income to be disregarded when calculating a claimant’s income and capital for the purposes of determining entitlement to the relevant benefit, only excluded sums paid under agreements which were made after the injury occurred, not an income loss award paid exclusively for loss of income pursuant to a pre-injury agreement.”

WLR Daily, 29th July 2013

Source: www.iclr.co.uk

Disabled challenge to bedroom tax fails – UK Human Rights Blog

Posted July 31st, 2013 in appeals, benefits, disabled persons, housing, human rights, judicial review, news by sally

“The High Court has unanimously dismissed an application for a declaration that the so-called ‘bedroom tax’ discriminates unlawfully against disabled claimants.”

Full story

UK Human Rights Blog, 31st July 2013

Source: www.ukhumanrightsblog.com