Benefits to be withdrawn from EEA jobseekers previously unaffected by the January 2014 changes – Free Movement

Posted February 25th, 2015 in benefits, employment, immigration, news, social security by sally

‘In January 2014, the Government introduced a number of measures aimed at restricting EEA migrants’ access to income-based JSA. A key change was the introduction of a statutory presumption that entitlement to income-based JSA (‘JSA(IB)’) would be limited to a period of three months (or six months for EEA nationals with retained worker status) unless the jobseeker could pass a Genuine Prospect of Work (GPoW) assessment.’

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Free Movement, 24th February 2015

Source: www.freemovement.org.uk

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Sanneh v Secretary of State for Work and Pensions; Scott and others v Croydon London Borough Council; Merali and others v Birmingham City Council; Regina (HC) v Secretary of State for Work and Pensions and others – WLR Daily

Posted February 19th, 2015 in appeals, benefits, carers, EC law, housing, law reports, regulations, social security by sally

Sanneh v Secretary of State for Work and Pensions; Scott and others v Croydon London Borough Council; Merali and others v Birmingham City Council; Regina (HC) v Secretary of State for Work and Pensions and others [2015] EWCA Civ 49; [2015] WLR (D) 61

‘European Union law gave a Zambrano carer, being a non-European Union citizen responsible for the care of an EU citizen child, the right to reside in the United Kingdom from the time when it became apparent that she qualified as a Zambrano carer. However, it did not give her an entitlement to social assistance on the same basis as an EU citizen lawfully resident in the UK. It was for national law to determine the level of benefits to which she was entitled.’

WLR Daily, 10th February 2015

Source: www.iclr.co.uk

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Zambrano carers and social assistance – NearlyLegal

Posted February 16th, 2015 in appeals, benefits, carers, citizenship, EC law, equality, homelessness, housing, human rights, news by sally

‘There must be times when Court of Appeal judges think that they have bit parts in an ongoing drama – they have a walk on role. And that must be how the Court felt in Sanneh v SSWP and others [2015] EWCA Civ 49, which concerns the eligibility rules for Zambrano carers of a raft of social assistance benefits. Leading QCs and junior barristers appeared on all sides in a right ding dong that is bound to end up at the Supreme Court, which almost certainly will refer the issues to the CJEU. It also provides a glimpse of how the recent, potentially contradictory, judgments of the CJEU in Brey and Dano are, or might be, treated (although it looks like the UKSC will have the next bite of those rather earlier, in the Mirga and Samin appeals in March) and the question of the ambit of “social assistance”, which in itself is not uninteresting, is also raised, but parked by the CA, in these appeals ([84] – note: this is an important point for the future).’

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NearlyLegal, 12th February 2015

Source: www.nearlylegal.co.uk

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Challenging a refusal of permission to appeal by the Upper Tribunal – Free Movement

‘If permission to appeal against a decision of a First-tier Tribunal in a welfare benefits case is refused by the Upper Tribunal (Administrative Appeals Chamber), then the claimant will not be able to appeal that decision. This is because it is an excluded decision under s. 13(8)(c) of the Tribunals, Courts and Enforcement Act 2007, and the Upper Tribunal has no jurisdiction to review its refusal of permission by virtue of s.10(1) and s.13(8)(d)(i) of the 2007 Act. This means the only remedy available is by way of judicial review (Samuda v Secretary of State for Work and Pensions [2014] EWCA Civ 1). The deadline for applying for judicial review against a refusal of permission by an Upper Tribunal is 16 days. CPR rule 54.7A(3).’

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Free Movement, 16th February 2015

Source: www.freemovement.org.uk

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Schedule 1 to The Children Act 1989: Not Just for Wags – Family Law Week

‘Anita Mehta, barrister of Crown Office Row, Brighton, argues that Schedule 1 to the Children Act 1989 applications should not be regarded as the domain of footballers’ girlfriends or the uber-wealthy but as a powerful tool for meeting children’s needs in a wide variety of cases.’

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Family Law Week, 6th February 2015

Source: www.familylawweek.co.uk

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Maximum benefit fraud fines could be increased to £5,000 – BBC News

Posted January 29th, 2015 in benefits, fines, fraud, news, social services by sally

‘The maximum administrative penalty for benefit fraud that can be offered as an alternative to prosecution could be doubled under government proposals.’

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BBC News, 29th January 2015

Source: www.bbc.co.uk

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Hot, hot, hot – NearlyLegal

Posted January 12th, 2015 in appeals, benefits, housing, landlord & tenant, local government, news, tribunals by sally

‘Here is an interesting First Tier Tribunal bedroom tax appeal decision from Bexleyheath. [Decision notice]. It is a decision made after the Fife Upper Tribunal decision, but upholds the tenant’s appeal on the basis, in part, that the room is inadequately sized to be a bedroom, as well as being just too damn hot.’

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NearlyLegal, 11th January 2015

Source: www.nearlylegal.co.uk

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Disabled tenants to challenge bedroom tax in supreme court – The Guardian

‘A legal case to be heard at the supreme court will decide whether the government’s housing benefit regulations – the bedroom tax – discriminates unfairly against disabled adults. The ruling could have consequences for hundreds of thousands of people.’

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The Guardian, 10th January 2015

Source: www.guardian.co.uk

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Call for publication of review into man who killed himself after benefits cut – The Guardian

Posted January 12th, 2015 in benefits, disabled persons, disclosure, inquiries, mental health, news, reports, suicide by sally

‘The sister of a partially sighted man who killed himself after his benefits were cut is calling on the UK government to publish details of its review into his case, one of 60 internal investigations of suicides linked to benefit changes it has carried out since 2012.’

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The Guardian, 11th January 2015

Source: www.guardian.co.uk

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Challenging a Refusal of Permission to Appeal by the Upper Tribunal (Administrative Appeals Chamber) in a Welfare Benefits Case – A Practice Note – Garden Court Chambers Blog

‘Desmond Rutledge provides a practice note on challenging a refusal of permission to appeal by the Upper Tribunal (Administrative Appeals Chamber) in a welfare benefits case.’

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Garden Court Chambers Blog, 6th January 2015

Source: www.gclaw.wordpress.com

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Is the Cart-threshold being set too high? – Garden Court Chambers Blog

‘Desmond Rutledge and Zubier Yazdani consider the hurdles facing welfare benefit claimants seeking to use the Cart test.’

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Garden Court Chambers, Blog, 6th January 2015

Source: www.gclaw.wordpress.com

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DWP urged to publish inquiries on benefit claimant suicides – The Guardian

‘The Department for Work and Pensions has been urged by mental health and disability charities to publish its secret investigations into suicides that may have some link to benefit changes, following revelations that it has carried out internal reviews into 60 such cases.’

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The Guardian, 14th December 2014

Source: www.guardian.co.uk

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Deaf couple and their son face jail after conning taxpayers out of £900,000 – Daily Telegraph

Posted December 12th, 2014 in benefits, council tax, disabled persons, fraud, news by sally

‘The couple are said to have funded a luxury lifestyle of holidays and jewellery with ‘scandalous ease’.’

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Daily Telegraph, 11th December 2014

Source: www.telegraph.co.uk

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Independent Living Fund closure ruled lawful – BBC News

‘A government decision to close a fund that helps disabled people to live and work in the community has been ruled lawful by the High Court.’

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BBC News, 8th December 2014

Source: www.bbc.co.uk

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Too many young adults go from ‘in care’ directly to jail – The Independent

Posted December 8th, 2014 in benefits, care homes, homelessness, news, prisons, young offenders, young persons by sally

‘Young adults leaving care are being let down by the justice system, according to a new academic study. Despite up to a third of the current prison population having experienced the care system, criminal justice professionals are ignorant of ways to help young care leavers stay out of jail, it warns.’

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The Independent, 7th December 2014

Source: www.independent.co.uk

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The elephant in the bedroom – NearlyLegal

Posted December 8th, 2014 in appeals, benefits, housing, news by sally

‘Finally, the long awaited Upper Tribunal decision on room size and the bedroom tax has been released.’

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NearlyLegal, 7th December 2014

Source: www.nearlylegal.co.uk

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Southwark: Not appealing – NearlyLegal

‘It is not unknown for losing parties in a case to not be happy, indeed very upset. There are two basic options. To shut up and put up with it, or appeal. Rather unusually, faced with one of the most coruscating High Court judgments I can recall, in AA V LB Southwark [our report here], the senior officers of Southwark Council have chosen to do neither. Instead, Southwark’s Housing and Communities Strategic Director has chosen to publicly announce that the judgment was ‘unjust’ and ‘clearly wrong’, but that Southwark aren’t going to appeal it.’

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NearlyLegal, 25th November 2014

Source: www.nearlylegal.co.uk

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Panic room woman challenges bedroom tax – The Guardian

Posted November 19th, 2014 in assault, benefits, domestic violence, harassment, housing, news, rape, stalking by sally

‘A woman whose council home has been fitted with a secure panic room to protect her from a violent ex-partner is going to court on Wednesday to challenge the government’s so-called bedroom tax.’

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The Guardian, 18th November 2014

Source: www.guardian.co.uk

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Dano v Jobcenter Leipzig – WLR Daily

Posted November 18th, 2014 in benefits, EC law, freedom of movement, law reports, social security by sally

Dano v Jobcenter Leipzig (Case C-333/13) EU:C:2014:2358; [2014] WLR (D) 477

‘Article 24(1) of Parliament and Council Directive 2004/38/EC, in conjunction with article 7(1)(b), and article 4 of Regulation No 883/2004 (as amended by Regulation No 1244/2010) allowed legislation of a member state under which nationals of other member states were excluded from entitlement to certain “special non-contributory cash benefits” within the meaning of article 70(2) of Regulation No 883/2004, although those benefits were granted to nationals of the host member state who were in the same situation, in so far as those nationals of other member states did not have a right of residence under Directive 2004/38 in the host member state.’

WLR Daily, 11th November 2014

Source: www.iclr.co.uk

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Liverpool family jailed for £200,000 benefit fraud – BBC News

Posted November 17th, 2014 in benefits, fraud, news, sentencing, video recordings by sally

‘A woman who claimed she was too ill to walk, yet was filmed surfing in Australia and swimming with dolphins, has been jailed for benefit fraud.’

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BBC News, 14th November 2014

Source: www.bbc.co.uk

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