A rape test for welfare is a chilling way to save money – The Guardian

Posted July 30th, 2015 in benefits, children, news, rape, social security, tax credits by sally

‘Rape that results in pregnancy is one circumstance that defies the chancellor’s notion of choice about family size.’
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The Guardian, 29th July 2015

Source: www.guardian.co.uk

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Tenants who lack mental capacity to make decisions – Tanfield Chambers

‘In Wychavon District Council v EM (HB) [2011] UKUT 144 (AAC), the claimant, who was profoundly physically and mentally disabled, appealed from a decision that she was not entitled to housing benefit in respect of the sums payable under a tenancy agreement which, in the space for the tenant’s signature, stated that she was “profoundly disabled and cannot communicate at all.”’

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Tanfield Chambers, 18th June 2015

Source: www.tanfieldchambers.co.uk

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

Mathieson v Secretary of State for Work and Pensions: [2015] UKSC 47; [2015] WLR (D) 296

‘The Secretary of State for Work and Pensions violated the Convention rights of a severely disabled child when he suspended payment to him of disability living allowance once he had been an in-patient in an NHS hospital for more than 84 weeks.’

WLR Daily, 8th July 2015

Source: www.iclr.co.uk

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

‘Richard Holme, Chartered Accountant of Creaseys, 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, 8th July 2015

Source: www.familylawweek.co.uk

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The legal challenge to the ‘bedroom tax’ – a new hope – Garden Court Chambers Blog

Posted July 7th, 2015 in benefits, human rights, news, social security by sally

‘Desmond Rutledge reviews the prospects of the bedroom tax litigation succeeding in the light of the recent Supreme Court judgment in the household benefit cap case.’

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Garden Court Chambers Blog, 6th July 2015

Source: www.gclaw.wordpress.com

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‘Inept’ head of family drug-dealing gang sentenced to nine years in jail – The Guardian

Posted June 29th, 2015 in benefits, conspiracy, drug trafficking, news, sentencing by sally

‘A couple who were part of a family-run multimillion-pound drugs ring spent £40,000 on their wedding and lived a lavish lifestyle while still claiming benefits, a court heard.’

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The Guardian, 26th June 2015

Source: www.guardian.co.uk

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‘Globe-trotting granny’ angler netted £45k in benefit claims – Daily Telegraph

Posted June 23rd, 2015 in benefits, fraud, news, sentencing, social security, suspended sentences by tracey

‘Benefit cheat Heather Rimmer, 61 flew to exotic oceans to reel in the giant fish while claiming she was too ill to work.’

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Daily Telegraph, 23rd June 2015

Source: www.telegraph.co.uk

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An inconvenient problem – Nearly Legal

Posted June 12th, 2015 in benefits, homelessness, housing, local government, news, rent by sally

‘This is not a usual blog post. I was asked to do an analysis of the proposed £23,000 pa benefit cap, its impact on housing, homelessness and the legal position, with a focus on London, for use elsewhere and for a purpose which shall remain nameless. But I feel this needs wider sharing.’

Full story

Nearly Legal, 10th June 2015

Source: www.nearlylegal.co.uk

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Doctor’s wife loses £3.2m home after ‘on-the-cheap divorce went wrong’ – Daily Telegraph

Posted June 11th, 2015 in benefits, divorce, housing, news, solicitors by sally

‘An attempt to settle a divorce cheaply backfired leaving Norma Wilson having to live a one-bed council flat.’

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Daily Telegraph, 10th June 2015

Source: www.telegraph.co.uk

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PIPs disability benefit delay unlawful, says High Court – BBC News

‘A delay in paying welfare benefits to two disabled people was “unlawful”, the High Court has ruled.’

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BBC News, 5th June 2015

Source: www.bbc.co.uk

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Disability benefits: Court to rule on delay test case – BBC News

Posted June 5th, 2015 in benefits, delay, disabled persons, government departments, news by tracey

‘The High Court is expected to rule later on whether the government took too long to process benefit claims by two disabled people.’

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BBC News, 5th June 2015

Source: www.bbc.co.uk

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Woman left housebound after having legs amputated receives compensation following blunder that led to benefit money being withheld – The Independent

Posted May 29th, 2015 in benefits, budgets, compensation, delay, disabled persons, local government, news by sally

‘A woman who was left housebound following the amputation of both legs has received £27,000 in compensation after watchdogs found financial support was withheld due to an administrative battle between a council and the NHS.’

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The Independent, 28th May 2015

Source: www.independent.co.uk

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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.’

Full story

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.’

Full story

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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