No recourse to public funds; no recourse to dignity – 1MCB

Posted July 30th, 2020 in benefits, children, human rights, immigration, news by sally

‘Geeta Koska recently published a blog on the future impact on the protection of children’s welfare of the High Court’s decision in R (W, A Child By His Litigation Friend J) v The Secretary of State for the Home Department & Another [2020] EWHC 1299 (Admin). The blog was published in “Children and Young People Now”.’

Full Story

1MCB, July 2020

Source: 1mcb.com

Unfit for work? Fair trial rights means benefit pending review – Doughty Street Chambers

Posted July 28th, 2020 in appeals, benefits, disabled persons, employment, human rights, news by sally

‘Mr Connor, a litigant in person, yesterday persuaded the High Court to strike down a benefit review rule as a breach of Article 6 of the European Convention on Human Rights.’

Full Story

Doughty Street Chambers, 25th July 2020

Source: insights.doughtystreet.co.uk

DWP to increase support for vulnerable claimants after series of suicides – The Guardian

‘The Department for Work and Pensions is to overhaul its safeguarding systems following a series of high-profile failures in which mentally ill claimants took their own lives after having their benefits cut off by welfare officials.’

Full Story

The Guardian, 22nd July 2020

Source: www.theguardian.com

Universal Credit: Mum wins High Court fight against DWP – BBC News

Posted July 22nd, 2020 in benefits, employment, government departments, news, remuneration by sally

‘A single working mother has won a High Court challenge against the Department for Work and Pensions (DWP) over “irrational” universal credit rules.’

Full Story

BBC News, 20th July 2020

Source: www.bbc.co.uk

Data shows 900 women in UK affected by benefit cap ‘rape clause’ – The Guardian

‘Official figures show 900 women were forced to disclose that their child was conceived as a result of rape to claim social security help under the government’s two-child cap on benefits.’

Full Story

The Guardian, 17th July 2020

Source: www.theguardian.com

Claimant with Down Syndrome secures permission for judicial review of charging policy of county council – Local Government Lawyer

‘A 24-year-old woman with Down Syndrome has been granted permission for a judicial review challenge of Norfolk County Council’s policy of charging people for essential care and support.’

Full Story

Local Government Lawyer, 14th July 2020

Source: www.localgovernmentlawyer.co.uk

Discrimination and ‘No DSS’ – Nearly Legal

‘As we have seen before, Shelter have been supporting discrimination claims under the Equality Act 2010 against letting agents who operate a ‘No DSS’ policy (meaning a refusal to even consider people claiming housing related benefits – who are often employed – as applicants for tenancies. The DSS ceased to exist in 2001, which suggests how longstanding this issue is). These claims all settled out of court. Now a claim has gone to judgment.’

Full Story

Nearly Legal, 14th July 2020

Source: nearlylegal.co.uk

‘No DSS’ letting bans ‘ruled unlawful’ by court – BBC News

‘A judge has ruled that blanket bans on renting properties to people on housing benefit are unlawful and discriminatory. The “momentous” court ruling found a single mother-of-two had experienced indirect discrimination when a letting agent refused to rent to her.’

Full Story

BBC News, 14th July 2020

Source: www.bbc.co.uk

London councils call on government to suspend NRPF immigration status – The Guardian

Posted July 9th, 2020 in benefits, coronavirus, homelessness, immigration, local government, London, news by sally

‘London councils have called on the government to suspend the controversial “no recourse to public funds” (NRPF) immigration status during the coronavirus pandemic to prevent a rise in homelessness.’

Full Story

The Guardian, 8th July 2020

Source: www.theguardian.com

The Digitisation of Welfare and Irrationality Review: SSWP v Johnson – Oxford Human Rights Hub

‘In Secretary of State for Work and Pensions v Johnson & Ors [2020] EWCA Civ 778, the England & Wales Court of Appeal took the uncommon step of holding an executive decision unlawful for Wednesbury irrationality. Johnson highlights that irrationality is not merely a desperate ground of last resort for judicial review applicants. The case is also an important illustration of how substantive review may be relied upon by those affected by the digitisation of welfare.’

Full Story

Oxford Human Rights Hub, 30th June 2020

Source: ohrh.law.ox.ac.uk

Home Office increases support for trafficking victims after lawyers argue rates are ‘discriminatory’ – The Independent

‘The Home Office has increased support for suspected modern slavery victims after facing a legal challenge claimed the current levels were discriminatory and left vulnerable mothers unable to afford basic essentials.’

Full Story

The Independent, 1st July 2020

Source: www.independent.co.uk

Universal credit rules irrational and unlawful, judge says – The Guardian

‘Four single mothers have secured a victory over the government after the appeal court ruled that rigid universal credit payment rules that leave tens of thousands of working benefit claimants out of pocket were irrational and unlawful.’

Full Story

The Guardian, 22nd June 2020

Source: www.theguardian.com

Councils call for suspension of No Recourse to Public Funds condition – Local Government Lawyer

Posted June 18th, 2020 in benefits, coronavirus, immigration, local government, news by sally

‘The Local Government Association has called for the suspension of the No Recourse to Public Funds (NRPF) “so that all vulnerable individuals are entitled to receive support during the coronavirus crisis”.’

Full Story

Local Government Lawyer, 15th June 2020

Source: www.localgovernmentlawyer.co.uk

Woman who falsely claimed more than £1m in benefits is jailed – The Guardian

Posted June 9th, 2020 in benefits, fraud, news, sentencing by sally

‘A woman has been jailed after falsely claiming more than £1m in benefits in what has been described as one of the biggest social security frauds to be prosecuted by the Crown Prosecution Service (CPS).’

Full Story

The Guardian, 8th June 2020

Source: www.theguardian.com

Public Funds Part 3: Change of conditions to allow access to public funds – Richmond Chambers

Posted May 26th, 2020 in benefits, chambers articles, immigration, news by sally

‘In this third post, following on from Public Funds Part 1: Public Funds and Coronavirus and Public Funds Part 2: Claiming Child Benefit we consider how to apply for a change of conditions to allow access to public funds, for individuals who are in the UK with limited leave to enter or remain subject to a condition of having no recourse to public funds.’

Full Story

Richmond Chambers, 15th May 2020

Source: immigrationbarrister.co.uk

Public Funds Part 2: Claiming Child Benefit – Richmond Chambers

Posted May 19th, 2020 in benefits, children, coronavirus, immigration, news by sally

‘In this second post, following on from Public Funds Part 1: Public Funds and Coronavirus we examine the one benefit that can potentially be claimed by migrants subject to the no recourse to public funds condition – child benefit.’

Full Story

Richmond Chambers, 15th May 2020

Source: immigrationbarrister.co.uk

Public Funds Part 1: Public Funds and Coronavirus – Richmond Chambers

‘No Recourse to Public Funds (NRPF) is a condition imposed on an individual’s immigration status in the UK, which prevents them from accessing certain benefits and forms of support. This continues to cause concern and particularly more so now for those whose income has been impacted by the Covid-19 pandemic. This article will form part of a series of 3 articles on public funds and the recent developments in light of the Coronavirus outbreak.’

Full Story

Richmond Chambers, 15th May 2020

Source: immigrationbarrister.co.uk

Coronavirus: Sex workers ‘should have access to support fund’ – BBC News

Posted May 15th, 2020 in benefits, coronavirus, news, prostitution, remuneration by sally

‘Calls have been made for an emergency fund to support sex workers whose earnings have fallen during the coronavirus crisis.’

Full Story

BBC News, 15th May 2020

Source: www.bbc.co.uk

London borough defends legal challenge to level of support provided to family with child in need and older sibling – Local Government Lawyer

Posted May 15th, 2020 in benefits, children, families, food, local government, news by sally

‘The London Borough of Bexley was entitled to decide not to pay to feed the older brother of a child in need who lived in the same home.’

Full Story

Local Government Lawyer, 13th May 2020

Source: www.localgovernmentlawyer.co.uk

Benefit claimants unlawfully short-changed, court rules – The Guardian

Posted May 13th, 2020 in appeals, benefits, compensation, government departments, human rights, news by sally

‘The government acted unlawfully when it refused to compensate two low-income households left up to £180 a month out of pocket when their legacy benefits were wrongly stopped and they had no choice but to move on to universal credit, the appeal court has ruled.’

Full Story

The Guardian, 12th May 2020

Source: www.theguardian.com