Council criticised over refusal of direct payments based on Working Time Regulations – Local Government Lawyer

‘A council has admitted wrongly using the Working Time Regulations to refuse the direct payments they assessed a young man as needing, following an investigation by the Local Government Ombudsman.’

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Local Government Lawyer, 6th August 2015

Source: www.localgovernmentlawyer.co.uk

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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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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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‘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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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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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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NIHL: Disease or Injury and Does it Really Matter? – Zenith PI Blog

‘A recent case heard by Mr Justice Phillips in the High Court has considered the increasingly popular argument that Noise Induced Hearing Loss is an injury rather than a disease.’

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Zenith PI Blog, 24th March 2015

Source: www.zenithpi.wordpress.com

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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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Backdating welfare benefits payments to those recognised as refugees in the UK – Free Movement

Posted March 12th, 2015 in appeals, asylum, benefits, news, refugees, social security, tribunals by sally

‘In Blakesley v Secretary of State for Work and Pensions [2015] EWCA Civ 141 the Court of Appeal considered whether the UK Government is in breach of its international obligations towards refugees because of the lack of any provision to make back-payments of welfare benefits to those asylum seekers who, upon inquiry, are found to be refugees.’

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Free Movement, 12th March 2015

Source: www.freemovement.org.uk

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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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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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‘Disabled’ bodybuilder Peter Beddoe jailed for fraud – BBC News

Posted November 4th, 2014 in fraud, news, sentencing, social security by sally

‘A former Mr Wales who falsely claimed £28,332 in disability benefits whilst competing in bodybuilding contests has been jailed for six months.’

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BBC News, 3rd November 2014

Source: www.bbc.co.uk

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Cellar slave girl: Salford couple must pay victim £100,000 – BBC News

‘A deaf girl from Pakistan kept as a slave for nine years by a millionaire couple from Salford is to receive £100,000 in compensation.’

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BBC News, 15th October 2014

Source: www.bbc.co.uk

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Bedroom Tax: Upper Tribunal on Article 14 – NearlyLegal

Posted October 7th, 2014 in benefits, disability discrimination, news, Scotland, social security, tribunals by sally

‘Following my plaintive cry here, I now have copies of the two Upper Tribunal judgments from Scotland referred to by the DWP. And, while the judgments do do something rather more and rather different to the outcomes suggested in the DWP Circular, sadly, what they actually do is worse.’

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NearlyLegal, 6th October 2014

Source: www.nearlylegal.co.uk

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Bedroom tax and human rights FTT miscellany – NearlyLegal

Posted August 26th, 2014 in appeals, benefits, disabled persons, human rights, news, social security, tribunals by tracey

‘No less than four FTT bedroom tax appeal decision have come my way lately. Three of them concern successful appeals on human rights Article 14 discrimination or Article 8 family life grounds. One is a clear room size decision with an interesting footnote on tenancy agreements.’

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NearlyLegal, 24th August 2014

Source: www.nearlylegal.co.uk

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Local authority’s ‘benefit tourism’ rule discriminated against residents – The Guardian

‘A local authority acted illegally when it introduced strict residency criteria designed to prevent it becoming a magnet for “benefit tourists” priced out of high-cost areas of London and the south-east by welfare reforms, a judge has ruled.’

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The Guardian, 30th July 2014

Source: www.guardian.co.uk

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