“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.”
Local Government Lawyer, 24th September 2013
Source: www.localgovernmentlawyer.co.uk
“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.”
NearlyLegal, 24th September 2013
Source: www.nearlylegal.co.uk
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
“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.”
Crown Prosecution Service, 16th September 2013
Source: www.cps.gov.uk
“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.”
Daily Telegraph, 16th September 2013
Source: www.telegraph.co.uk
“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.”
The Independent, 4th September 2013
Source: www.independent.co.uk
“A man who wrongly claimed £88,000 in benefits while performing as a high-heeled drag queen on stage has been jailed.”
The Independent, 22nd August 2013
Source: www.independent.co.uk
“A man accused of benefits fraud has had his prosecution dropped because the investigations looked at the wrong leg.”
BBC News, 20th August 2013
Source: www.bbc.co.uk
“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.”
Garden Court Chambers Blog, 13th August 2013
Source: www.gclaw.wordpress.com
“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.”
Hardwicke Chambers, 31st July 2013
Source: www.hardwicke.co.uk
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
“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 [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
“The High Court has unanimously dismissed an application for a declaration that the so-called ‘bedroom tax’ discriminates unlawfully against disabled claimants.”
UK Human Rights Blog, 31st July 2013
Source: www.ukhumanrightsblog.com
“The headline here, as has been widely tweeted/flashed etc, is that the challenge to the bedroom tax contained in Regulation B13, Housing Benefit Regulations (both generically and specifically in relation to households with a disabled person) was unsuccessful in the Divisional Court (R(MA) Secretary of State for Work and Pensions [2013] EWHC 2213 – not on Baili yet, but available to download from Adam Wagner’s site); but the Court came close to granting injunctive relief against the Secretary of State to make regulations bringing Burnip/Gorry into effect, as opposed to relying simply on a Circular. The DWP had argued that they were entitled to rely on guidance by way of Circular ‘pending a decision on whether and at what point in time to introduce regulations’ (Laws LJ’s emphasis). On that point, rarely have I read such strong words as appear in Laws LJ’s judgment at [91]-[92]. That is an ouch moment for the DWP which, I bet, will not be widely reported, so let me headline the quote here: ‘The Secretary of State has no business considering whether to introduce regulations to conform HB provision with the judgment in Gorry. He is obliged to do so.’ The only thing which stopped injunctive relief was that their drafting was ‘under consideration’ after 14 months (!).”
NearlyLegal, 3oth July 2013
Source: www.nearlylegal.co.uk
“Campaigners have vowed to fight on after a legal attempt to block the Government’s so-called ‘bedroom tax’ was thrown out by the High Court.”
The Independent, 30th July 2013
Source: www.independent.co.uk
“A BBC documentary on the welfare state breached impartiality and accuracy guidelines, the BBC Trust has found.”
BBC News, 30th July 2013
Source: www.bbc.co.uk
“The government will attempt to overturn the judgment of a multimillion-pound case affecting almost a quarter of a million unemployed people on Monday.”
The Guardian, 29th July 2013
Source: www.guardian.co.uk
“A single helpline to act as ‘a safety net’ for those who can not find legal help and a £100m national advice fund, are likely to be two of more eye-catching recommendations of the Low Commission on the Future of Advice and Legal Support reports Jon Robins.”
LegalVoice, 17th July 2013
Source: www.legalvoice.org.uk
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