Asylum-seeker subsistence payments defeat for government in high court – The Guardian

Posted April 10th, 2014 in asylum, benefits, costs, news, social security by sally

‘The home secretary, Theresa May, has been ordered to review the level of benefits paid to asylum seekers after the high court ruled that she acted unlawfully in freezing essential living needs payments.’

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The Guardian, 9th April 2014

Source: www.guardian.co.uk

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Room for manoeuvre – Hardwicke Chambers

‘In R (on the application of MA & Ors) v The Secretary of State for Work and Pensions (Respondent) and The Equality and Human Rights Commission (Intervener) [2014] EWCA 13 the Court of Appeal has rejected appeals against the dismissal of claims for a judicial review of the so-called “bedroom tax”, bringing to an end – for the time being at least – months of speculation about the lawfulness of arguably the most controversial aspect of the Government’s welfare reform programme.’

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Hardwicke Chambers, 12th March 2014

Source: www.hardwicke.co.uk

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Housing benefit changes distress disabled people, say MPs – BBC News

‘Changes to housing benefit in England, Scotland and Wales are creating “financial hardship and distress” for disabled people, MPs have warned.’

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BBC News, 2nd April 2014

Source: www.bbc.co.uk

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Room use and Uratemp – NearlyLegal

Posted March 18th, 2014 in appeals, benefits, disabled persons, housing, news, social security by tracey

‘A successful FTT bedroom tax appeal in Birkenhead has raised some new questions over ‘room use’ as an argument.’

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NearlyLegal, 17th March 2014

Source: www.nearlylegal.co.uk

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Why the human rights challenge to the ‘bedroom tax’ failed – Garden Court Chambers Blog

Posted March 18th, 2014 in appeals, benefits, disabled persons, housing, human rights, news, social security by tracey

‘Desmond Rutledge examines why the Court of Appeal in MA and Others refused to apply the reasoning in Burnip to disabled adults in the social sector who need an extra bedroom.’

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Garden Court Chambers, 17th March 2014

Source: www.gclaw.wordpress.com

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Forde and McHugh Ltd v Revenue and Customs Commissioners – WLR Daily

Posted February 28th, 2014 in law reports, national insurance, pensions, social security by sally

Forde and McHugh Ltd v Revenue and Customs Commissioners [2014] UKSC 14; [2014] WLR (D) 99

‘Contributions made by a company into a funded unapproved retirement benefits scheme in favour of one of its directors did not constitute the director’s “earnings” for the purposes of section 6(1) of the Social Security Contributions and Benefits Act 1992 and thus the company was not liable to pay national insurance contributions in respect of the value of the contribution.’

WLR Daily, 26th February 2014

Source: www.iclr.co.uk

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Cap on housing benefit is lawful, says Court of Appeal – UK Human Rights Blog

‘The Court of Appeal has rejected on all grounds a claim that the cap on housing benefit amounted to unlawful discrimination against women.’

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UK Human Rights Blog, 26th February 2014

Source: www.ukhumanrightsblog.com

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Stephen Worton jailed for £58,000 benefits fraud – BBC News

Posted February 25th, 2014 in benefits, fraud, news, sentencing, social security by sally

‘A benefits cheat filmed riding an elephant in India, walking unaided and getting into a van while claiming he was too ill to work has been jailed.’

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BBC News, 24th February 2014

Source: www.bbc.co.uk

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Geoffrey Sturdey: Three sentenced on burial charges – BBC News

‘Two women who failed to report the death of a man and went on to claim his benefits have been jailed for 20 months.’

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BBC News, 17th February 2014

Source: www.bbc.co.uk

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Buckingham Palace protester jailed – Daily Telegraph

Posted January 16th, 2014 in demonstrations, news, offensive weapons, sentencing, social security, trespass by tracey

‘A man who staged a stunt in which he leapt over a vehicle barrier at Buckingham Palace armed with a knife as a protest against his Incapacity Benefit being stopped has been jailed for 16 months.’

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Daily Telegraph, 15th January 2014

Source: www.telegraph.co.uk

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Sickness benefits legal challenge to continue – BBC News

‘Two people with mental health problems can continue their challenge against government tests for sickness benefit, the Court of Appeal has ruled.’

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BBC News, 4th December 2013

Source: www.bbc.co.uk

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High Court rejects benefit cap claims – Hardwicke Chambers

Posted November 19th, 2013 in benefits, families, news, social security, women by sally

“The High Court has rejected claims for a judicial review of the so-called ‘benefit cap’. Its judgment brings to an end – for the time being at least – speculation about the lawfulness of one of the Government’s most controversial welfare reforms and comes just months after the High Court rejected similar claims for a judicial review of the Social Sector Size Criteria, or so-called ‘bedroom tax’.”

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Hardwicke Chambers, 6th November 2013

Source: www.hardwicke.co.uk

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Benefits fraudster who fled to Costa del Sol jailed for three years

Posted November 19th, 2013 in benefits, extradition, fraud, fugitive offenders, news, sentencing, social security by sally

“A benefits fraudster who fled to the Costa del Sol ahead of sentencing in 2008 has been jailed for three years. Work and Pensions Secretary Iain Duncan Smith labelled it ‘outrageous’ that 70-year-old Norman Brennan had been in Spain for five years, and vowed to bring the pensioner back to face justice.”

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The Independent, 18th November 2013

Source: www.independent.co.uk

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Regina (JS and others) v Secretary of State for Work and Pensions (Child Poverty Action Group and another intervening) – WLR Daily

Regina (JS and others) v Secretary of State for Work and Pensions (Child Poverty Action : [2013] EWHC 3350 (QB);   [2013] WLR (D)  425

“The ‘benefit cap’ set in the Benefit Cap (Housing Benefit) Regulations 2012, amending the Housing Benefit Regulations 2006, did not unjustifiably discriminate against women and large families contrary to article 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 5th November 2013

Source: www.iclr.co.uk

 

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Single mothers lose legal challenge to benefit cap – BBC News

Posted November 5th, 2013 in benefits, human rights, judicial review, news, social security by sally

“Three single mothers and their children have lost a legal challenge to the government’s benefit cap.”

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BBC News, 5th November 2013

Source: www.bbc.co.uk

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Regina (Reilly and another) v Secretary of State for Work and Pensions – WLR Daily

Regina (Reilly and another) v Secretary of State for Work and Pensions [2013] UKSC 68; [2013] WLR (D) 413

“Where a statute required that something be prescribed in delegated legislation, it envisaged that the latter would add something to what was contained in the primary legislation. Therefore the Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011, purportedly made under section 17A of the Jobseekers Act 1995 which provided for the making of regulations to require claimants in receipt of jobseeker’s allowance to participate in schemes of a ‘prescribed description’, were unlawful because they set up a named scheme without any description over and above what was already in section 17A.”

WLR Daily, 30th October 2013

Source: www.iclr.co.uk

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R (on the application of Reilly and another) (Respondents) v Secretary of State for Work and Pensions (Appellant) – Supreme Court

R (on the application of Reilly and another) (Respondents) v Secretary of State for Work and Pensions (Appellant) [2013] UKSC 68 (YouTube)

Supreme Court, 30th October 2013

Source: www.youtube.com/user/UKSupremeCourt

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Government fail to overturn Poundland work scheme ruling – BBC News

Posted October 31st, 2013 in appeals, employment, human rights, news, social security, Supreme Court by michael

“The government has lost a Supreme Court appeal over a ruling its flagship ‘back to work’ schemes were legally flawed.”

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BBC News, 30th October 2013

Source: www.bbc.co.uk

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Woman who ‘cannot work because of a shoe allergy’ sees benefits stopped – Daily Telegraph

“A woman who claimed £100,000 in disability benefits because of a shoe allergy must return to work, officials say.”

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Daily Telegraph, 24th October 2013

Source: www.telegraph.co.uk

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Why We Can’t Trust Judges to Beat the Bedroom Tax – Garden Court Chambers Blog

Posted October 17th, 2013 in benefits, housing, news, political parties, social security by sally

“Liz Davies explains that, although the courts may be able to help a few individuals, we need to step up the political battle.”

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Garden Court Chambers Blog, 17th October 2013

Source: www.gclaw.wordpress.com

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