Immigrant relatives face five-year wait to claim benefits – The Guardian

Posted July 13th, 2011 in benefits, families, human rights, immigration, news by sally

“Family members from outside Europe who come to join close relatives settled in Britain are expected to be denied access to welfare benefits for up to five years under further plans to cut annual net migration to be detailed on Wednesday.”

Full story

The Guardian, 13th July 2011

source: www.guardian.co.uk

Charities threaten legal action over benefits cuts for disabled – The Guardian

Posted July 4th, 2011 in benefits, disabled persons, judicial review, news by sally

“The government faces a legal challenge from charities over its plans to cut benefits for disabled people by more than £2bn.”

Full story

The Guardian, 2nd July 2011

Source: www.guardian.co.uk

Grandmother’s corpse: Benefit fraud woman jailed – BBC News

Posted July 1st, 2011 in benefits, burials and cremation, fraud, news, sentencing by sally

“A woman who left the corpse of her mother at their Wirral home unburied for up to six months has been jailed.”

Full story

BBC News, 1st July 2011

Source: www.bbc.co.uk

Skydiving Rhondda benefit cheat gets suspended sentence – BBC News

Posted July 1st, 2011 in benefits, fraud, news, sentencing by sally

“A woman who was filmed skydiving while claiming sickness benefits has been handed a suspended jail term.”

Full story

BBC News, 1st July 2011

Source; www.bbc.co.uk

Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen v Akdas and others – WLR Daily

Posted June 28th, 2011 in benefits, EC law, law reports, social security by sally

Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen v Akdas and others Case C-485/07; [2011] WLR (D) 209

“The first sub-paragraph of article 6(1) of the EEC-Turkey Association Council Decision 3/80 of 19 September 1980 on the application of the social security schemes of the member states of the European Communities to Turkish workers and members of their families (OJ 1983 C 110, p 60), which provided for the export of certain specified benefits, was directly effective. That provision precluded national legislation which withdrew the award of a benefit, such as the supplement to invalidity benefit, from former Turkish migrant workers when they had returned to Turkey after losing their right to remain in the host member state after becoming incapacitated in the that member state.”

WLR Daily, 26th May 2011

Source: www.iclr.co.uk

Supreme court may hear pivotal ‘juryless’ case – The Guardian

Posted June 16th, 2011 in benefits, conspiracy, fraud, juries, news, Supreme Court, trial without jury by sally

“A judge’s unprecedented attempt to deliver a verdict on her own after allegations of jury-tampering in a fraud trial may be referred to the supreme court.”

Full story

The Guardian, 15th June 2011

Source: www.guardian.co.uk

£137,000 benefits scam pair jailed – The Independent

Posted May 26th, 2011 in benefits, fraud, news, sentencing by sally

“A couple who lived a luxury lifestyle on the back of a £137,000 benefits swindle were both jailed for 16 months today.”

Full story

The Independent, 25th May 2011

Source: www.independent.co.uk

Northampton brawling benefits cheat is jailed – BBC News

Posted May 18th, 2011 in benefits, fraud, news, sentencing by sally

“A benefits cheat who was caught on CCTV brawling with police, despite claiming he could not leave home without a walking stick, has been jailed.”

Full story

BBC News, 17th May 2011

Source: www.bbc.co.uk

Gypsy gang jailed for ‘sophisticated’ £800k benefit fraud – Daily Telegraph

“A gang of Romanian gypsies flew in and out of Britain to defraud taxpayers out of more than £800,000 through a series of benefit scams, a court has heard.”

Full story

Daily Telegraph, 18th May 2011

Source: www.telegraph.co.uk

Bartlett and others v Secretary of State for Work and Pensions – WLR Daily

Posted May 17th, 2011 in benefits, EC law, freedom of movement, law reports by sally

Bartlett and others v Secretary of State for Work and Pensions Case (C-537/09); [2011] WLR (D) 158

“The mobility component of disability living allowance constituted a special non-contributory benefit within the meaning of article 4(2a) of and Annex IIa to Council Regulation (EEC) No 1408/71 as amended by Council Regulation (EC) No 118/97 and Parliament and Council Regulation (EC) No 631/2005, and of Council Regulation (EEC) No 1408/71 as amended by Parliament and Council Regulation (EC) No 647/2005. The provisions in article 10a of the Regulation and of the amended Regulation making the award of this benefit subject to conditions of residence and presence within the awarding member state were not contrary to the provisions of free movement of persons.”

WLR Daily, 5th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Borger v Tiroler Gebietskrankenkasse – WLR Daily

Posted March 17th, 2011 in benefits, domicile, EC law, employment, law reports, maternity leave by sally

Borger v Tiroler Gebietskrankenkasse (Case C-516/09); [2011] WLR (D) 89

“The status of an ’employed person’, within the meaning of article 1(a) of Council Regulation (EEC) No 1408/71, as amended , applied to a person during a six-month period of extended unpaid leave following the birth of a child, provided that, during that period, that person was covered, even if only in respect of a single risk, on a compulsory or optional basis, by a general or special social security scheme mentioned in article 1(a) of that Regulation.”

WLR Daily, 10th March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ruiz Zambrano v Office national de L’emploi (ONEm) – WLR Daily

Posted March 11th, 2011 in benefits, citizenship, EC law, law reports by sally

 “A third country national with dependent children who were European citizens, had, pursuant to article 20FEU of the FEU Treaty, a right of residence in the member state of residence and nationality of those children and was entitled to a work permit in so far as this enabled the children to enjoy the substance of the rights attaching to the status of European Union citizenship.”

WLR Daily, 10th March 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Child Poverty Action Group mounts legal challenge to welfare reform – The Guardian

Posted March 7th, 2011 in benefits, budgets, housing, judicial review, news by sally

“The government is facing a legal challenge to its controversial plans to cap housing benefit payments on the grounds that large areas of the south-east will become off limits to the poor, with lone parents and ethnic minorities ‘disproportionately affected’.”

Full story

The Guardian, 7th March 2011

Source: www.guardian.co.uk

Hackney London Borough Council v Findlay – WLR Daily

Posted January 24th, 2011 in benefits, housing, law reports, repossession, setting aside by sally

Hackney London Borough Council v Findlay [2011] EWCA Civ 8; [2011] WLR (D) 7

“Where a court had made an order for possession against a tenant in his absence, on an application to set aside that order under CPR r 3.1 the court should take all the circumstances into account under r 3.9, where the tenant could show for the purposes of r 39.3(5) that he had acted promptly when he found out about the possession order, had a good reason for not attending the trial and had a reasonable prospect of success on the application, giving precedence to the requirements of r 39.3(5).”

WLR Daily, 21st January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Disability benefit cuts ‘could breach human rights law’ – BBC News

Posted January 10th, 2011 in benefits, disabled persons, human rights, news by sally

“New assessment tests are planned to help the government decide where to make cuts in disability benefits.”

Full story

BBC News, 8th January 2011

Source: www.bbc.co.uk

R (Child Poverty Action Group) v Secretary of State for Work and Pensions – WLR Daily

Posted December 10th, 2010 in benefits, law reports, mistake, restitution by sally

R (Child Poverty Action Group) v Secretary of State for Work and Pensions 2010 UKSC 54; [2010] WLR (D) 322

 “The only right to recover overpaid social security benefits paid according to an award was that conferred by s 71 of the Social Security Administration Act 1992 which provided an exhaustive scheme for dealing with all overpayments made pursuant to benefit awards and applied only where there had been misrepresentation or non-disclosure. The Secretary of State was not therefore entitled to seek recovery of such overpayments paid in error by way of a restitutionary claim at common law.”

WLR Daily, 9th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Tilianu) v Secretary of State for Work and Pensions – WLR Daily

Posted December 10th, 2010 in benefits, domicile, EC law, law reports, self-employment by sally

R (Tilianu) v Secretary of State for Work and Pensions [2010] EWCA Civ 1397; [2010] WLR (D) 320

” ‘Employment’ within the meaning of art 7(3)(b) and (c) of Directive 2004/38/EC did not include self-employment, with the result that an EU citizen who was no longer self-employed did not retain the status of worker and had no right to reside.”

WLR Daily, 9th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Benefits repayment case upheld by Supreme Court – BBC News

Posted December 9th, 2010 in benefits, mistake, news by sally

“The government has lost a legal battle to recover millions of pounds in overpaid benefits.”

Full story

BBC News, 8th December 2010

Source: www.bbc.co.uk

Swansea student asylum seeker jailed for £250,000 fraud – BBC News

Posted November 5th, 2010 in benefits, fraud, news, sentencing by sally

“An overseas student has been jailed for two years at Cardiff Crown Court for fraudulently claiming £250,000 in benefits and funding.”

Full story

BBC News, 4th November 2010

Source: www.bbc.co.uk

Mother from Norfolk jailed for £60,000 benefits fraud – BBC News

Posted October 8th, 2010 in benefits, fraud, news, sentencing by sally

“A 35-year-old mother from Norfolk has been jailed for nine months for defrauding the state of about £60,000 in benefits.”

Full story

BBC News, 8th October 2010

Source: www.bbc.co.uk