Disabled woman to take DWP to court over ‘immoral’ automatic benefit deductions – The Guardian

‘A disabled woman is to challenge the Department for Work and Pensions in court over what she calls its “immoral” policy of allowing landlords and utilities companies to automatically make deductions from monthly benefits payments without the claimant’s consent.’

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The Guardian, 15th October 2021

Source: www.theguardian.com

High Court refuses fresh inquest in welfare benefits case – UK Human Rights Blog

‘In Dove v HM Assistant Coroner to Teeside and Hartlepool & Anor [2021] EWHC 2511, the High Court considered the State’s obligations under article 2 ECHR with respect to those in receipt of welfare benefits as well as the scope of coronial inquiries both where article 2 is and isn’t engaged. Although it was argued that failings by the Department of Work and Pensions were relevant to a death by suicide, a fresh inquest was refused in the circumstances.’

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UK Human Rights Blog, 13th October 2021

Source: ukhumanrightsblog.com

Bedrooms – hypothetical rather than actual. Bedroom tax and actual use. – Nearly Legal

Posted October 4th, 2021 in appeals, benefits, housing, landlord & tenant, news by tracey

‘The Secretary of State for Work and Pensions v Hockley & Anor (2019) EWCA Civ 1080. A quick note because I somehow missed this at the time. The Court of Appeal overturned the Upper Tribunal decision on whether assessment of entitlement to bedrooms for the bedroom tax was connected to the actual occupiers and their actual or potential use of the rooms. (Here there were two children and two bedrooms, neither of which could accommodate two children.)’

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Nearly Legal, 3rd October 2021

Source: nearlylegal.co.uk

Seven out of 10 win benefits challenges at tribunal – BBC News

Posted September 24th, 2021 in appeals, benefits, disabled persons, government departments, news, statistics, tribunals by sally

‘Seven out of ten people who appealed in court against a decision to deny them disability benefits were successful, analysis shows.’

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BBC News, 24th September 2021

Source: www.bbc.co.uk

Claimant wins Upper Tribunal appeal over tenancy agreement and housing benefit – Local Government Lawyer

Posted September 17th, 2021 in appeals, benefits, housing, landlord & tenant, local government, news by tracey

‘The London Borough of Sutton has lost a case in the Upper Tribunal over whether a tenancy arrangement was a sham to increase housing benefit.’

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Local Government Lawyer, 16th September 2021

Source: www.localgovernmentlawyer.co.uk

Will Cutting The Universal Credit Uplift Impact Human Rights? – Each Other

Posted September 15th, 2021 in benefits, coronavirus, government departments, human rights, news by tracey

‘Universal credit claimants are about to lose £20-a-week from their payments, equivalent to £1040 a year. Introduced as a temporary measure at the start of the coronavirus pandemic in 2020, Chancellor Rishi Sunak said the extra payment would stop in October. Removing the uplift, which has helped claimants make ends meet during the pandemic, could infringe on the right to a private life enshrined in Article 8 of the Human Rights Act.’

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Each Other, 15th September 2021

Source: eachother.org.uk

Let there be no future doubt about it? Children’s rights in the UKSC – Doughty Street Chambers

‘When the unanimous judgment in R (SC) v Secretary of State for Work and Pensions [2021] UKSC 26 was handed down, it felt like a bit of a sea change had occurred. We had seen indications that the Supreme Court were becoming increasingly concerned with the perception that they were interfering in political matters in the Begum [2021] UKSC 7 case. However, the decision in SC and in R (AB) v Secretary of State for Justice [2021] UKSC 28 (handed down on the same day) gave a warning from the President of the Supreme Court about “campaigning organisations” litigating what Lord Reed perceived to be failed political campaigning for the rights of children. His concern was that this, coupled with the wide discretion left to courts when considering ECHR obligations left courts vulnerable to undue interference in the sphere of political choices.’

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Doughty Street Chambers, 27th July 2021

Source: insights.doughtystreet.co.uk

Inevitability as the New Discrimination Defence: UK Supreme Court Mangles Indirect Discrimination Analysis While Finding the Two-Child Limit Lawful – Oxford Human Rights Hub

‘The UK Supreme Court has delivered its long-awaited judgment in R (on the application of SC, CB and 8 children) (Appellants) v Secretary of State for Work and Pensions and others (Respondents) on the two-child rule (in the Welfare Reform and Work Act 2016) limiting key subsistence benefits to two children per household, and it wastes no opportunity to disappoint.’

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Oxford Human Rights Hub, 26th July 2021

Source: ohrh.law.ox.ac.uk

High Court gives green light for challenge to DWP consultation on development of new strategy for disabled people – Local Government Lawyer

‘The High Court has allowed four disabled individuals to bring a judicial review challenge of how the Secretary of State for Work and Pensions, Thérèse Coffey, conducted the consultation on a proposed new national strategy for people with disabilities.’

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Local Government Lawyer, 23rd July 2021

Source: www.localgovernmentlawyer.co.uk

DWP admits wrongly putting pressure on disabled people to accept low benefit offers – The Independent

‘The government has admitted it put disabled benefit claimants under pressure to accept lower welfare support than they were legally entitled to.’

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The Independent, 14th July 2021

Source: www.independent.co.uk

Benefit death reviews ‘shrouded in secrecy’ – BBC News

Posted July 14th, 2021 in benefits, government departments, inquests, inquiries, news, statistics by tracey

‘Cases where a person claiming benefits died or came to serious harm have now prompted 268 internal reviews since 2012, it can be revealed. The Department for Work & Pensions holds reviews when it is alleged its actions had a negative impact, or when named at an inquest.’

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BBC News, 14th July 2021

Source: www.bbc.co.uk

Mothers lose landmark case against ‘desperately unfair’ two-child benefit limit – The Independent

Posted July 9th, 2021 in benefits, budgets, children, human rights, news, sex discrimination, Supreme Court, women by michael

‘Two campaigners have lost a challenge against the government’s “two-child limit” for welfare payments – an austerity measure brought in by former Tory chancellor George Osborne and one which critics have described as “desperately unfair”.’

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The Independent, 9th July 2021

Source: www.independent.co.uk

Dove v HM Coroner for Teesside and Hartlepool [2021] EWHC 1738 (Admin) – Inquests and Inquiries Law Blog

‘In this article, Richard Ive discusses the case of Dove v HM Coroner for Teesside and Hartlepool [2021] EWHC 1738 (Admin), which raises important questions relating to Article 2 (the right to life). On 11 June 2021, the Administrative Court heard procedural arguments concerning a late application by the Secretary of State for Work and Pensions to join, as an interested party, a claim pursuant to the Coroners Act 1988 s.13 for a further inquest into the death of a highly vulnerable woman who took her own life shortly after all her Department of Work and Pensions (“DWP”) benefits were stopped. The Secretary of State’s application was successful, providing her with the opportunity to make submissions at the full hearing heard by the Divisional Court on 22 June 2021.’

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Inquests and Inquiries Law Blog, 29th June 2021

Source: inquestsandinquirieslawblog.com

Jodey Whiting: Disabled woman’s suicide ‘a direct result’ of benefit cut – BBC News

‘A disabled woman’s suicide was “a direct result” of having her benefits cut, the High Court has been told.’

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BBC News, 22nd June 2021

Source: www.bbc.co.uk

Baby and mother win right to access Healthy Start food scheme – The Guardian

‘A one-year-old baby and her mother have won a high court challenge granting her the right to access a healthy food and vitamins scheme from which she was previously barred. Thousands of babies and toddlers similarly denied access to the scheme will now be able to benefit from it.’

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The Guardian, 3rd June 2021

Source: www.theguardian.com

Philippa Day death: family launches legal challenge against DWP – The Guardian

Posted May 11th, 2021 in benefits, bereavement, compensation, families, inquests, news, suicide by sally

‘The family of Philippa Day, a mentally ill single mother who died from a deliberate overdose after her benefits were wrongly cut off, is to seek compensation from the government.’

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The Guardian, 10th May 2021

Source: www.theguardian.com

Deaths of people on benefits prompt inquiry call – BBC News

‘The family of a woman who took a fatal overdose after her benefit payments were cut say they have begun a legal claim against the government.’

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BBC News, 10th May 2021

Source: www.bbc.co.uk

Boy wins case against Home Office policy of no recourse to public funds – The Guardian

Posted April 30th, 2021 in benefits, children, government departments, immigration, news by tracey

‘A five-year-old boy has won a case against the Home Office as high court judges declared the government’s “no recourse to public funds” (NRPF) policy unlawful for the second time in a year because it drives some families into destitution and breaches the duty to safeguard child welfare. Thousands of children living in poverty are likely to benefit from the ruling.’

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The Guardian, 29th April 2021

Source: www.theguardian.com

Councils may have suffered because of ‘pre-paid cards’ cartel, according to provisional findings of regulator – Local Government Lawyer

Posted April 6th, 2021 in benefits, competition, electronic commerce, local government, news by sally

‘Local authorities may have missed out on an alternative supplier of pre-paid cards or products that were either cheaper or better suited to both their needs and the needs of those using such cards, the Payment Systems Regulator (PSR) has said after provisionally finding that five companies engaged in cartel behaviour.’

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Local Government Lawyer, 6th April 2021

Source: www.localgovernmentlawyer.co.uk

The Domestic Abuse Bill and its Lack of Support for Migrant Women – EIN Blog

Posted March 23rd, 2021 in benefits, bills, domestic violence, immigration, news, women by sally

‘Domestic abuse is a pivotal issue within today’s society, and is often not realised to be exacerbated by poor policy and support. After years of development the Domestic Abuse Bill returned to the House of Lords in the UK on the 8th March 2021 to complete its report stage, one of the final stages before being enshrined in law.’

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EIN Blog, 22nd March 2021

Source: www.ein.org.uk