A home without a household – Nearly Legal

Posted May 20th, 2015 in benefits, children, housing, news, residence orders by sally

‘In MR v North Tyneside Council and Secretary of State for Work and Pensions (Housing and council tax benefits : other) [2015] UKUT 34 (AAC) [Our report], we saw the Upper Tribunal accept the DWP argument on the position of ‘shared care’ families for bedroom tax purposes. In short, the child’s only ‘home’ was with the person receiving child benefit. It may yet turn out to be significant that that decision was not the result of an argued hearing, only the DWP turning up.’

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Nearly Legal, 19th May 2015

Source: www.nearlylegal.co.uk

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Family reunited after housing battle led to homelessness and separation – The Guardian

Posted May 20th, 2015 in benefits, budgets, homelessness, housing, news by sally

‘Titina Nzolameso on her successful fight to be rehoused after the benefits cap left her homeless and her children being taken into care, and the impact this could have on similar cases.’

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The Guardian, 20th May 2015

Source: www.guardian.co.uk

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Disability benefits delays not illegal, government says – BBC News

Posted May 18th, 2015 in benefits, delay, disabled persons, government departments, news by sally

‘Delays in processing disability benefits claims were unacceptable but not illegal, the Department for Work and Pensions has told the High Court.’

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BBC News, 15th May 2015

Source: www.bbc.co.uk

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A blind eye to Nelson – Nearly Legal

Posted May 14th, 2015 in benefits, housing, news, social services, tribunals by tracey

‘A couple of bedroom tax decisions, one Upper Tribunal, one FTT, both of which involve findings for the tenant in the landscape after the Upper Tribunal decision in Nelson (SSWP v David Nelson and Fife Council, SSWP v James Nelson and Fife Council [2014] UKUT 0525 (AAC) – our report). Given that we appear to be stuck with the bedroom tax for the next 5 years at least, this is the landscape unless the Supreme Court does something dramatic in MA & Ors.’

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Nearly Legal, 12th May 2015

Source: www.nearlylegal.co.uk

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Local authority prosecutes housing association tenant for unlawful subletting – Local Government Lawyer

Posted May 13th, 2015 in benefits, fraud, housing, landlord & tenant, local government, news by tracey

‘Enfield Council is claiming to have become the first local authority nationally to have used the Prevention of Social Housing Fraud Act 2013 to successfully prosecute a housing association tenant for unlawful subletting.’

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Local Government Lawyer, 12th May 2015

Source: www.localgovernmentlawyer.co.uk

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From ‘pillar to post’ – Nearly Legal

‘In a judgment of undisguised anger, Cobb J described the conduct of LB Tower Hamlets and LB Havering as “shameful” in the way in which they treated AM and his family. I haven’t come across Cobb J before but his judgment in AM v Tower Hamlets LBC and Havering LBC [2015] EWHC 1004 (Admin) is just about as good a judgment as I’ve read in a long time. The question was which authority should have “picked up” AM and his household, with children who were almost certainly in need under s.17, Children Act 1989.’

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Nearly Legal, 17th April 2015

Source: www.nearlylegal.co.uk

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Rents and Equality. Barnet, again – Nearly Legal

‘It appears that Barnet Council (via the Mayor’s casting vote) are determined to carry on with their plan to raise rents for council tenants, new and existing, to 80% of market rent or top of LHA rates, whichever is lowest.’

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Nearly Legal, 15th April 2015

Source: www.nearlylegal.co.uk

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R (on the application of SG and others ) v Secretary of State for Work and Pensions – Supreme Court

R (on the application of SG and others ) v Secretary of State for Work and Pensions [2015] UKSC 16 (YouTube)

Supreme Court, 18th March 2015

Source: www.youtube.com/user/UKSupremeCourt

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Beverley Allitt victim ordered to pay back benefits – BBC News

Posted April 7th, 2015 in benefits, compensation, news, social security by sally

‘A woman left brain damaged by killer nurse Beverley Allitt has been ordered to pay back £23,000 in benefits.’

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BBC News, 2nd April 2015

Source: www.bbc.co.uk

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Half a million more people summoned to court over unpaid council tax, after benefits scrapped – The Independent

Posted April 7th, 2015 in benefits, council tax, crime, debts, news, social security by sally

‘Half a million more people were summoned to court last year over unpaid council tax, after benefits protecting low-income families from paying it were scrapped.’

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The Independent, 6th April 2015

Source: www.independent.co.uk

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Benefit figures arising from cannabis plant confiscation – Park Square Barristers

Posted April 2nd, 2015 in benefits, confiscation, drug offences, news, proceeds of crime by sally

‘Ascribing benefit figures to immature plants is an increasingly common feature of cannabis plant confiscation proceedings.’

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Park Square Barristers, 19th March 2015

Source: www.parksquarebarristers.co.uk

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High Court finds council policy on disability living allowance and DHPs “unlawful” – Local Government Lawyer

‘ local authority’s policy of taking into account the care component of disability living allowance when assessing the amount of a discretionary house payment (DHPs) was unlawful, a High Court judge has ruled.’

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Local Government Lawyer, 31st March 2015

Source: www.localgovernmentlawyer.co.uk

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Discretionary Housing Payments – the trouble with DLA – Nearly Legal

‘Oh, we have been waiting for this one. According to DWP survey evidence, some 75% of Councils take Disability Living Allowance into account as income when deciding on an award of Discretionary Housing Payments. This judicial review concerned Sandwell Council’s policy of doing just that. The implications are clearly of significance for other councils, and will potentially impact many disabled people faced with the bedroom tax.’

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Nearly Legal, 30th March 2015

Source: www.nearlylegal.co.uk

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R (on the application of SG and others (previously JS and others)) (Appellants) v Secretary of State for Work and Pensions (Respondent) – Supreme Court

R (on the application of SG and others (previously JS and others)) (Appellants) v Secretary of State for Work and Pensions (Respondent) [2015] UKSC 16 (YouTube)

Supreme Court, 18th March 2015

Source: www.youtube.com/user/UKSupremeCourt

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Family Law Week’s Budget Briefing 2015 – Family Law Week

Posted March 24th, 2015 in benefits, budgets, families, news, social security, tax avoidance, taxation by sally

‘Jan Ellis, chartered accountant, of Ellis Foster LLP, a firm which specialises in advising family lawyers on tax-related family law issues, explains the budget changes of most relevance to family lawyers.’

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Family Law Week, 18th March 2015

Source: www.familylawweek.co.uk

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Revisiting divorce settlements – Law Society’s Gazette

‘The case of Stephen and Ellen Debruin, recently the subject of an application for leave to appeal by Mr Debruin, reopens the argument about whether the current wide discretion of judges in our divorce laws results in consistent and fair results.’

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Law Society’s Gazette, 23rd March 2015

Source: www.lawgazette.co.uk

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Supreme Court splits the baby over the benefit cap – Mike Spencer – UK Human Rights Blog

‘R(on the application of SG and others (previously JS and others)) v Secretary of State for Work and Pensions [2015] UKSC 16. The Supreme Court was sharply divided yesterday over whether the benefit cap breaches the Human Rights Act.’

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UK Human Rights Blog, 19th March 2015

Source: www.ukhumanrightsblog.com

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Supreme Court quashes council decision over offer of housing 50 miles away – Local government Lawyer

Posted March 20th, 2015 in appeals, benefits, homelessness, housing, local government, news, Supreme Court by tracey

‘The Supreme Court has unanimously upheld an appeal by a homeless mother of five over a London borough’s offer of accommodation 50 miles away near Milton Keynes.
The Court heard oral submissions in Nzolameso v City of Westminster earlier this month (17 March). It has now quashed Westminster City Council’s decision that it had properly discharged its duty to secure accommodation available for occupation by the appellant.’

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Local Government Lawyer, 19th March 2015

Source: www.localgovernmentlawyer.co.uk

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UK benefit cap is lawful, supreme court rules – The Guardian

‘The supreme court has ruled that the government’s benefit cap, which limits unemployed claimants to £500 a week in total welfare payments, is lawful.’

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The Guardian, 18th March 2015

Source: www.guardian.co.uk

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Supreme court to decide whether UK benefits cap is unlawful – The Guardian

‘The Supreme court will decide on Wednesday if a cornerstone of the coalition government’s benefits policy is unlawful.’

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The Guardian, 18th March 2015

Source: www.guardian.co.uk

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