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

R (Blundell & Ors) v SSWP; R (Day) v SSWP – Equality Law Blog

‘The Claimants unsuccessfully challenged the Defendant’s policy of making deductions at a fixed rate from universal credit (UC) to pay off criminal fines. So far as relevant here, the claim alleged breach of the PSED (s149 Equality Act 2010) and unlawful indirect disability discrimination. The latter claim failed on the evidence, Kerr J pointing out that it would more suitably have been brought in the county court. The Judge did accept that the Defendant had breached the PSED but ruled against the claimants on the basis that compliance with the PSED would very likely have made no difference and that, therefore, s31A of the Senior Courts Act 1981 defeated the claim.’

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Equality Law Blog, 22nd March 2021

Source: equalitylawblog.com

Fixed universal credit cuts are unlawful, high court in UK rules – The Guardian

Posted March 19th, 2021 in benefits, charities, fines, government departments, homelessness, housing, news, vagrancy by sally

‘A group of former rough sleepers who were left destitute after the Department for Work and Pensions automatically deducted a third of their universal credit allowance to pay off court fines have won a high court victory.’

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The Guardian, 18th March 2021

Source: www.theguardian.com

Five-year-old takes Home Office to high court over benefits ban – The Guardian

Posted March 18th, 2021 in benefits, children, minorities, news, race discrimination by sally

‘A five-year-old black British child has taken the Home Office to the high court arguing that officials are racially discriminating against families such as his own by denying access to the welfare safety net.’

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The Guardian, 17th March 2021

Source: www.theguardian.com

R(Ncube) v Brighton: “Everyone In” does exactly what it says on the tin – Nearly Legal

Posted March 17th, 2021 in asylum, benefits, homelessness, housing, local government, news by sally

‘The much-anticipated decision in R(Ncube) v Brighton and Hove City Council (2021) EWHC 578 (Admin) has arrived, confirming that in an emergency, “Everyone In” really does mean everyone. Mr Ncube was a rough sleeper and refused asylum seeker from Zimbabwe who sought accommodation from Brighton. The council found Mr Ncube ineligible for assistance because of his NRPF status, applying s.185 of the 1996 Act and the relevant secondary legislation. “NRPF” meaning someone with “no recourse to public funds” including the provision of temporary accommodation under Part VII of the Housing Act 1996 (the 1996 Act). From 30th November 2020 Mr Ncube was accommodated by the Home Office under s.4 of the Immigration and Asylum Act 1999 (the 1999 Act). Those powers state that the Secretary of State may provide accommodation where an asylum application has been refused, but there is an obstacle to the applicant returning to their country of origin.’

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Nearly Legal, 15th March 2021

Source: nearlylegal.co.uk

Errol Graham: Starved man’s family loses High Court benefits case – BBC News

‘The family of a man who starved to death after his benefits were stopped has lost a High Court challenge against the government.’

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BBC News, 3rd March 2021

Source: www.bbc.co.uk

Lawyers to argue for mother and baby’s right to Healthy Start in UK – The Guardian

Posted March 2nd, 2021 in benefits, children, food, health, immigration, judicial review, minorities, news by sally

‘An 11-month-old baby and her mother are bringing a case in the high court to try to secure the baby’s right to free vitamins, formula milk and nutritious food.’

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The Guardian, 1st March 2021

Source: www.theguardian.com

Provision of support to trafficking victims following a negative conclusive grounds decision – Garden Court Chambers

‘In MN v SSHD [2020] EWCA Civ 1746 the Court of Appeal considered several linked cases brought by victims of trafficking who had received negative Conclusive Grounds decisions.’

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Garden Court Chambers, 17th February 2021

Source: www.gardencourtchambers.co.uk

R (Salvato) v Secretary of State for Work and Pensions – Equality Law Blog

Posted February 17th, 2021 in benefits, children, equality, human rights, news, sex discrimination, women by sally

‘The High Court ruled that the requirement that the childcare element (CCE) of Universal Credit (UC) could be paid to applicants only after they had actually paid for childcare, rather than becoming liable so to do (“the proof of payment rule”), was unlawful because it discriminated indirectly against women contrary to Article 14 ECHR read with Article 8 and/or A1P1 Further, having scrutinised the justification for the Secretary of State’s approach through the prism of Article 14, he went on to find that it was also irrational as a matter of common law. The decision engages intelligently with the sometimes tricky question of appropriate comparator pools, and shines useful light on the potential for common law rationality to accommodate discrimination-based claims even were direct reliance on Article 14 to become unavailable.’

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Equality Law Blog, 16th February 2021

Source: equalitylawblog.com

DWP uses excessive surveillance on suspected fraudsters, report finds – The Guardian

‘Suspected benefit fraudsters in the UK are being subjected to excessive surveillance techniques such as being tailed by government officers or identified in CCTV footage, according to a report.’

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The Guardian, 14th February 2021

Source: www.theguardian.com

Universal Credit childcare payment system indirectly discriminates against women – UK Human Rights Blog

Posted February 9th, 2021 in benefits, human rights, judicial review, news, sex discrimination, women by tracey

‘R (Salvato) v Secretary of State for Work and Pensions [2021] EWHC 102 (Admin). Ms Salvato is one such lone mother, who brought judicial review proceedings claiming that the differential method for reimbursing childcare costs constituted indirect discrimination against women contrary to Article 14 (read with Article 8 and/or Article 1 Protocol 1) ECHR and was irrational at common law. The Administrative Court agreed on both grounds.’

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UK Human Rights Blog, 8th February 2021

Source: ukhumanrightsblog.com

Gosport hospital deaths: Families ‘need Hillsborough-style inquests’ – BBC News

‘Relatives of patients who died after receiving “dangerous” levels of painkillers at Gosport War Memorial Hospital have called for new inquests.’

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BBC News, 5th February 2021

Source: www.bbc.co.uk

Inquest finds mother took overdose after removal of disability benefits – The Guardian

Posted January 28th, 2021 in benefits, coroners, government departments, inquests, mental health, news, suicide by sally

‘A severely mentally ill young mother died from a deliberate overdose after the removal of her disability benefits left her destitute, trapped in a months-long state of high anxiety and haunted by suicidal thoughts, an inquest has concluded.’

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The Guardian, 27th January 2021

Source: www.theguardian.com

Errol Graham: Starved man’s family take benefits case to court – BBC News

‘The family of a mentally ill man who starved to death after his benefits were stopped will take on the government at the High Court later.’

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BBC News, 12th January 2021

Source: www.bbc.co.uk

Home Office faces legal challenge over asylum seeker payments during Covid – The Guardian

Posted December 2nd, 2020 in asylum, benefits, government departments, immigration, news by tracey

‘The Home Office is still failing to provide thousands of asylum seekers in emergency hotel accommodation with basic cash support and essentials more than a month after being instructed by the high court to fulfil their legal requirements to do so.’

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The Guardian, 1st December 2020

Source: www.theguardian.com

Successful insurers’ A1P1 claim concerning benefits reimbursement in asbestos claims – UK Human Rights Blog

‘R (o.t.a of Aviva & Swiss Re) v. Secretary of State for Work and Pensions [2020] EWHC 3118 (Admin). At first sight, a rather abstruse dispute, but the 63 page judgment of Henshaw J gives rise to a host of important and difficult human rights points. But his central conclusion is that a statute which was not challengeable at the time of its enactment became so, because of the subsequent evolution of the law, principally common law, to the detriment of insurers.’

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UK Human Rights Blog, 25th November 2020

Source: ukhumanrightsblog.com

New Act – legislation.gov.uk

Posted November 24th, 2020 in benefits, legislation, social security by tracey

Social Security (Up-rating of Benefits) Act 2020

Family of mentally ill single mother accuse DWP of failing to protect her – The Guardian

‘The family of a severely mentally ill woman who died after being without disability benefits for several months have accused the Department for Work and Pensions (DWP) of failing to safeguard her.’

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The Guardian, 5th November 2020

Source: www.theguardian.com