Bedroom tax challenge success – UK Human Rights Blog

Posted February 5th, 2016 in appeals, benefits, disability discrimination, domestic violence, housing, news by tracey

‘The Court of Appeal has given its judgment in a conjoined appeal of two of the latest challenges to the bedroom tax/removal of spare room subsidy (delete as you see fit), holding that it was unlawfully discriminatory in its application to 1.A female victim of serious domestic violence living in a home significantly adapted (including the provision of a “safe room”) to ensure her safety in the face of threats from her former partner; and 2. A severely disabled 15 year old boy cared for by his grandmother and her partner, who required a carer to stay in their home two nights per week.’

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UK Human Rights Blog, 2nd February 2016

Source: www.ukhumanrightsblog.com

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Preferring Burnip: Discrimination without justification – Nearly Legal

‘The Court of Appeal tackles the bedroom tax and discrimination again, and, a year on from MA & Ors, there is quite a difference.’

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Nearly Legal, 31st January 2016

Source: www.nearlylegal.co.uk

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The DWP is forcing a rape victim to pay the Bedroom Tax on her police-installed panic room – The Independent

Posted January 28th, 2016 in appeals, benefits, housing, news, social security, victims by sally

‘The Department for Work and Pensions is trying to force a rape victim to pay the so-called “Bedroom Tax” on her police-installed panic room, it has emerged.’

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The Independent, 27th January 2016

Source: www.independent.co.uk

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Lords defeat for ministers over disability benefit cuts – BBC News

Posted January 28th, 2016 in benefits, bills, disabled persons, news, parliament, social security by sally

‘The government has been defeated in the Lords over plans to cut the benefits of people with illness and disabilities.’

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BBC News, 27th January 2016

Source: www.bbc.co.uk

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Appeal court rules bedroom tax discriminatory in two cases – The Guardian

‘A victim of domestic violence and the grandparents of a severely disabled teenager have won court of appeal challenges over the lawfulness of the bedroom tax.’

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The Guardian, 27th January 2016

Source: www.guardian.co.uk

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There are sound reasons to oppose a ‘love tax’ – once again the Lords is our best protection – The Independent

Posted January 27th, 2016 in benefits, families, news, parliament by sally

‘The background to stories of conflict between the two Houses of Parliament has changed during our lifetime. A generation ago, unelected members of the Upper House were notorious for streaming into London from their country seats to vote in vast numbers in favour of reactionary measures like the notorious poll tax, from which they stood to gain handsomely.’

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The Independent, 26th January 2016

Source: www.independent.co.uk

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‘Going into legal aid work now is career suicide’ – The Guardian

‘Government cuts to legal aid means social welfare lawyers are a dying breed. So where will the next generation come from? Step up the Justice First Fellowship.’

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The Guardian, 6th January 2015

Source: www.guardian.co.uk

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Money, money, money – LAG Housing Law

Posted December 15th, 2015 in benefits, budgets, housing, news, social security by sally

‘Sam Madge-Wyld considers the Autumn Statement and its implications for housing.’

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LAG Housing Law, 10th December 2015

Source: www.laghousinglaw.com

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Samuels v Birmingham City Council – WLR Daily

Posted November 13th, 2015 in benefits, homelessness, housing, law reports, remuneration by tracey

Samuels v Birmingham City Council: [2015] EWCA Civ 1051; [2015] WLR (D) 435

‘For the purposes of a person’s application for housing assistance as a homeless person, where a local authority was determining whether that person’s previous accommodation was affordable for that person and therefore whether it would be, or would have been, reasonable for that person to continue to occupy that accommodation, the local authority was to take into account all forms of the person’s income, including social security benefits of all kinds, and of relevant expenses, so that a judgment was to be made on the basis of income and relevant expenses as a whole. Benefits income, including income support, child tax credits and child benefit, was not to have any special status or treatment in that exercise or to be excluded from income which could be taken into account as income which could assist with housing costs.’

WLR Daily, 27th October 2015

Source: www.iclr.co.uk

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Affordability and intentionality – adding it up – Nearly Legal

‘A second appeal from a s.204 County Court appeal that addressed the council’s decision-making on whether the property from which Ms Samuels had become homeless was affordable (and thus, whether she was intentionally homeless for failing to pay the full rent).’

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Nearly Legal, 8th November 2015

Source: www.nearlylegal.co.uk

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Whether the right to reside test complies with EU law when applied to ‘family benefits’ – Garden Court Chambers Blog

Posted October 21st, 2015 in benefits, EC law, families, immigration, news, Supreme Court by sally

‘Desmond Rutledge considers the Advocate General’s Opinion (C-308/14) on the EU Commission’s action against the United Kingdom’s use of the right to reside test.’

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Garden Court Chambers Blog, 20th October 2015

Source: www.gclaw.wordpress.com

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Austerity and Public Law: Jed Meers: The Localism-and-Austerity Hybrid: The Case of Discretionary Housing Payments – UK Constitutional Law Association

Posted October 21st, 2015 in benefits, bills, budgets, housing, local government, news, rent by sally

‘In 2001, a small scale form of discretionary support was introduced to assist those on housing benefit who were unable to afford their rent: discretionary housing payments (DHPs). The numbers of awards were modest, reaching approximately 2,000 in 2002/3, and representing just £21million of expenditure per annum as recently as 2008/9 (source). This same scheme – administered by Local Authorities – now makes more than 390,000 awards per annum and the July budget of 2015 has allocated £800million for their use across the course of this Parliament.’

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UK Constitutional Law Association, 21st October 2015

Source: www.ukconstitutionallaw.org

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Former police officer jailed for illegally claiming benefits – The Guardian

Posted October 19th, 2015 in benefits, fraud, news, sentencing by sally

‘A former policeman who worked in Tony Blair’s protection force has been jailed for illegally claiming more than £55,000 in benefits, which he used to fund holidays and a private-school education for his children.’

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The Guardian, 16th October 2015

Source: www.guardian.co.uk

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Is it Getting Chilly in Here? – Panopticon

Posted October 7th, 2015 in benefits, freedom of information, news, tribunals by sally

‘It has been an admirable trend of Tribunals in FOIA cases over the last few years that they have been increasingly sceptical of assertions on the part of public authorities that disclosure will provide chilling effects on their activities. An inevitable pattern forms of an insistence that the sky will fall in if information is released, information is released (or leaked), and the sky appears not to fall in. Government grinds on. But Judge Jacobs has provided a little more comfort for such arguments in DWP v Information Commissioner, Slater & Collins [2015] UKUT 535 (AAC). The case related to various risk register documents related to Universal Credit.’

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Panopticon, 7th October 2015

Source: www.panopticonblog.com

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UK’s discriminatory migrant residence tests are legal – preliminary EU ruling – The Guardian

Posted October 7th, 2015 in benefits, domicile, EC law, immigration, news by sally

‘The practice of discriminating against EU migrants in the UK by subjecting them to a residence test for benefit payments is legal, according to a preliminary European court ruling.’

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The Guardian, 6th October 2015

Source: www.guardian.co.uk

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Gay man loses fight to secure equal pension rights for husband – The Guardian

‘A gay man has lost his appeal court bid to win his husband the same pension rights a wife would enjoy if he was in a heterosexual relationship.’

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The Guardian, 6th October 2015

Source: www.guardian.co.uk

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Court of Appeal set to rule in landmark case on pension benefits affecting surviving civil partners – OUT-LAW.com

‘The Court of Appeal in London is set to determine what pension benefits surviving civil partners are entitled to receive when their spouse dies in a landmark judgment due out on Tuesday.’

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OUT-LAW.com, 5th October 2015

Source: www.out-law.com

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Depressed man killed himself as a direct result of DWP’s ‘fit to work’ ruling, coroner finds – The Independent

Posted September 21st, 2015 in benefits, disabled persons, inquests, mental health, news, suicide by sally

‘A coroner has concluded for the first time that a man with severe mental illness killed himself as a direct result of being found “fit to work” by the Government’s outsourced disability assessors.’

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The Independent, 20th September 2015

Source: www.independent.co.uk

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Volunteer law project wins 95% of ‘fit for work’ test appeal cases – The Guardian

Posted September 3rd, 2015 in appeals, benefits, disabled persons, employment, law centres, news, social services by sally

‘Almost all of the 200 “fit for work“ test appeals undertaken by a student volunteer project have been won, providing more evidence of the unreliability of the government’s controversial work capability assessment (WCA).’
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The Guardian, 2nd September 2015

Source: www.guardian.co.uk

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Man who posed as legal adviser jailed after trading standards prosecution – Local Government Lawyer

Posted August 26th, 2015 in benefits, fraud, guilty pleas, McKenzie friends, news, sentencing by sally

‘A Biggleswade man who made more than £5,000 after advertising his services as a professional McKenzie friend has been jailed for three years after being found guilty of multiple trading standards and housing benefits offences.’

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Local Government Lawyer, 21st August 2015

Source: www.localgovernmentlawyer.co.uk

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