Category: social security

Black belt judo instructor fraudulently claimed £18,000 in disability benefits – Daily Telegraph

Posted March 19th, 2013 in benefits, disabled persons, fraud, news, social security by tracey

“David Roberts, 48, falsely claimed more than £18,000 disability living allowance. He claimed he was in severe discomfort after walking a few steps, needed help getting dressed and getting in and out of bed. But the sensei and black belt judo and martial arts instructor was filmed by Department of Work and Pensions investigators throwing adults over his shoulder and holding opponents in leg and arm locks, in Runcorn, Cheshire.”

Full story

Daily Telegraph, 18th March 2013

Source: www.telegraph.co.uk

Bedroom tax: ministers given 14 days to make case against judicial review – The Guardian

Posted March 5th, 2013 in benefits, disabled persons, housing, judicial review, news, social security by sally

“A high court judge has given the work and pensions secretary 14 days to show why there should not be a judicial review of the government’s ‘spare bedroom tax’, amid concerns that disabled people will be disproportionately affected by the change in benefit rules.”

Full story

The Guardian, 5th March 2013

Source: www.guardian.co.uk

N v Styrelsen for Videregående Uddannelser og Uddannelsesstøtt – WLR Daily

Posted February 26th, 2013 in EC law, education, freedom of movement, law reports, social security by sally

N v Styrelsen for Videregående Uddannelser og Uddannelsesstøtt (Case C-46/12); [2013] WLR (D) 77

“On the proper interpretation of articles 7(1) and 24(2) of Parliament and Council Directive 2004/38, a European Union citizen who pursued a course of study in a host member state whilst at the same time engaging in effective and genuine employment activities such as to confer on him the status of ‘worker’ within the meaning of article 45FEU of the FEU Treaty could not be refused maintenance aid for studies which was granted to the nationals of that member state.”

WLR Daily, 21st February 2013

Source: www.iclr.co.uk

Regina (Zacchaeus 2000 Trust) v Secretary of State for Work and Pensions – WLR Daily

Posted February 21st, 2013 in housing, judicial review, law reports, rent, social security by sally

Regina (Zacchaeus 2000 Trust) v Secretary of State for Work and Pensions [2013] EWHC 233 (Admin); [2013] WLR (D) 68

“The regime for the provision of housing benefit to private sector tenants enabled the Secretary of State for Work and Pensions to cap increases in permitted levels of housing benefit by reference to the general rate of inflation.”

WLR Daily, 15th February 2013

Source: www.iclr.co.uk

Szpak v Secretary of State for Work and Pensions – WLR Daily

Posted February 21st, 2013 in appeals, immigration, law reports, migrant workers, news, social security by sally

Szpak v Secretary of State for Work and Pensions [2013] EWCA Civ 46; [2013] WLR (D) 58

“Where a foreign national working in the United Kingdom applied late to be registered under the Accession (Immigration and Worker Registration) Regulations 2004 and his worker registration certificate was issued three months after commencing employment and covering only nine months of employment the certificate did not have retrospective effect so as to qualify him, under regulation 2(4), to claim the benefit as ‘legally working’ in the United Kingdom for 12 months for an ‘authorised employer’.”

WLR Daily, 13th February 2013

Source: www.iclr.co.uk

Government’s back to work schemes ruled unlawful without rights to refuse – UK Human Rights Blog

Posted February 14th, 2013 in appeals, employment, forced labour, news, social security by sally

“The Court of Appeal has ruled that regulations under the Jobseekers Act 1995 were unlawful as not meeting the requirements of that statute.”

Full story

UK Human Rights Blog, 13th February 2013

Source: www.ukhumanrightsblog.com

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

Posted February 14th, 2013 in appeals, employment, forced labour, law reports, regulations, social security by sally

Regina (Reilly and another) v Secretary of State for Work and Pensions [2013] EWCA Civ 66 ; [2013] WLR (D) 55

“‘The scheme’ named in the Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011 did not comply with the requirements of section 17A of the Jobseekers Act 1995 and was unlawful.”

WLR Daily, 12th February 2013

Source: www.iclr.co.uk

Crimes of the Benefit-Bashers – Garden Court Chambers Blog

Posted December 19th, 2012 in benefits, children, housing, news, social security, unemployment by sally

“Liz Davies paints a bleak picture of what the government’s spending cuts and benefit caps mean to the least advantaged in society.”

Full story

Garden Court Chambers Blog, 18th December 2012

Source: www.gclaw.wordpress.com

Housing benefit changes challenged in high court – The Guardian

Posted December 18th, 2012 in benefits, housing, news, social security, ultra vires by sally

“The coalition’s decision to break the link between the cost of renting and housing benefit payments is being challenged in the high court.”

Full story

The Guardian, 17th December 2012

Source: www.guardian.co.uk

Secretary of State for Work and Pensions v Czop and another – WLR Daily

Posted September 14th, 2012 in carers, EC law, families, freedom of movement, law reports, social security by tracey

Secretary of State for Work and Pensions v Czop and another: (Joined Cases C-147/11 and C-148/11);   [2012] WLR (D)  264

“Article 12 of Council Regulation (EEC) No 1612/68 on freedom of movement for workers within the Community conferred on the person who was the primary carer of a migrant worker’s or former migrant worker’s child who was attending educational courses in the host member state a right of residence in that state, although the provision could not be interpreted as conferring such a right on the person who was the primary carer of the child of a self-employed person. Article 16(1) of Parliament and Council Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states meant that a European Union citizen who was a national of a member state which had recently acceded to the European Union could, pursuant to that provision, rely on a right of permanent residence where he or she had resided in the host member state for a continuous period of more than five years, part of which had been completed before the accession of the former state to the European Union, provided that the residence was in accordance with the conditions laid down in article 7(1) of Directive 2004/38.”

WLR Daily, 6th September 2012

Source: www.iclr.co.uk

Don’t believe everything you read: there is a case for socio-economic rights – UK Human Rights Blog

Posted July 18th, 2012 in bills, human rights, news, social security, state liability by tracey

“Last week, a number of media commentators, politicians and others sought to subvert the second consultation of the Bill of Rights Commission. This consultation invites views on a number of key issues that form part of the Commission’s mandate. In the Daily Mail’s correspondent’s view, the Commission has committed an appalling transgression by asking potential respondents whether the UK Bill of Rights should include additional rights, referring amongst other things to socio-economic rights. This is echoed by the Sun which argues that the Commission has ‘suggested’ (which it clearly has not) that ‘all Brits be given handouts as a birth right’, and the Daily Express which suggests ‘Spongers can Sue to Claim Benefits’.”

Full story

UK Human Rights Blog, 17th July 2012

Source: www.ukhumanrightsblog.com

Burnip v Birmingham City Council and another (Equality and Human Rights Commission intervening); Trengove v Walsall Metropolitan Borough Council and another (Same intervening); Gorry v Wiltshire County Council and another (Same intervening) – WLR Daily

Posted May 22nd, 2012 in appeals, benefits, disability discrimination, housing, law reports, local government, social security by sally

Burnip v Birmingham City Council and another (Equality and Human Rights Commission intervening); Trengove v Walsall Metropolitan Borough Council and another (Same intervening); Gorry v Wiltshire County Council and another (Same intervening) [2012] EWCA Civ 629; [2012] WLR (D) 150

“The statutory criteria for calculating housing benefit for tenants in the private rented sector based on an entitlement to a one bedroom rate discriminated against the severely disabled and there was no justification in their case for continuation of the single bedroom rules.”

WLR Daily, 15th May 2012

Source: www.iclr.co.uk

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

Posted March 23rd, 2012 in indexation, law reports, pensions, social security by tracey

Regina (FDA and others) v Secretary of State for Work and Pensions and another: [2012] EWCA Civ 332;  [2012] WLR (D)  95

“The Secretary of State for Work and Pensions was entitled to use the Consumer Price Index, rather than the Retail Price Index, as the measure of consumer price inflation for the purpose of annually uprating public service pensions under section 150 of the Social Security Administration Act 1992.”

WLR Daily, 20th March 2012

Source: www.iclr.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

Patmalniece v Secretary of State for Work and Pensions (AIRE Centre intervening) – WLR Daily

Posted March 21st, 2011 in domicile, EC law, law reports, pensions, social security by sally

Patmalniece v Secretary of State for Work and Pensions (AIRE Centre intervening) [2011] UKSC 11; [2011] WLR (D) 91

“The conditions for entitlement to state pension credit, which included a requirement that a claimant had a right to reside in the United Kingdom or the Republic of Ireland, constituted indirect discrimination against nationals of other European Union member states which was, however, justified by the legitimate aim of protecting the resources of the United Kingdom against benefit or social tourism by those who were not economically or socially integrated with the country.”

WLR Daily, 16th 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.

Casteels v British Airways plc – WLR Daily

Posted March 14th, 2011 in EC law, freedom of movement, law reports, pensions, social security by sally
“Article 48FEU of the FEU Treaty, concerning the adoption of measures in the field of social security, could not be relied on by an individual against his private sector employer in a dispute before a national court. In the context of the mandatory application of a collective labour agreement, article 45FEU of the FEU Treaty precluded the non-inclusion of years of service completed by a worker for the same employer in different member states in the calculation of the period for the acquisition of definitive entitlements to supplementary pension benefits.”
WLR Daily, 11th March 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Tilley – Times Law Reports

Posted August 5th, 2009 in benefits, fraud, law reports, social security by sally

Regina v Tilley

Court of Appeal (Criminal Division)

“If a third party knew of a change that affected the benefit of a person claiming income support, he would be guilty of an offence only if he dishonestly allowed the beneficiary to fail to report the change provided that he had been active in some way in the failure.”

The Times, 5th August 2009

Source: www.timesonline.co.uk

R v Tilley – WLR Daily

Posted July 22nd, 2009 in benefits, fraud, law reports, social security, third parties by sally

R v Tilley [2009] EWCA Crim 1426; [2009] WLR (D) 249

“Where a third party knew of a change that affected the benefit of a person claiming income support, he would be guilty of an offence if he dishonestly allowed the beneficiary to fail to report the change, but to commit the offence the third party had to have been active in some way in the failure.”

WLR Daily, 21st July 2009

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.

Foster parents not warned of teen sex offender who raped their son – The Times

Posted March 3rd, 2009 in criminal records, fostering, news, rape, social security by sally

“Social workers failed to warn foster parents about sexual offences committed by a teenager placed in their care who went on to rape their two-year-old son and abuse their nine-year-old daughter.”

Full story 

The Times, 3rd March 2009

Source: www.timesonline.co.uk

Kaczmarek v Secretary of State for Work and Pensions – Times Law Reports

Posted December 4th, 2008 in EC law, law reports, social security by sally

Kaczmarek v Secretary of State for Work and Pensions

Court of Appeal

“A citizen of a European Union member state who had no right to live in the United Kingdom under domestic or European law, even though she was lawfully present, was not eligible for income support.”

The Times, 4th December 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.