Court of Appeal rules as academic proceedings on discretionary housing payments and contributions – Local Government Lawyer

Posted December 5th, 2019 in appeals, benefits, housing, judicial review, local government, news by sally

‘The Court of Appeal had dismissed as academic a case brought against the London Borough of Islington over its discretionary housing payments (DHP) policy and a requirement for a claimant to make a contribution to a shortfall in rent.’

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Local Government Lawyer, 4th December 2019

Source: www.localgovernmentlawyer.co.uk

UK government loses supreme court fight over bedroom tax – The Guardian

Posted November 14th, 2019 in benefits, disabled persons, housing, human rights, news, Supreme Court by tracey

‘The supreme court has ruled against the UK government’s attempts to force the bedroom tax on 155 partners of people with severe disabilities, in a decision that will hamper ministerial attempts to water down human rights legislation.’

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The Guardian, 13th November 2019

Source: www.theguardian.com

Half of disability benefits appeals won in tribunal court – BBC News

Posted November 14th, 2019 in appeals, benefits, news, statistics, tribunals by tracey

‘One in two people who appealed in court against a decision to deny them disability benefits were successful, analysis of five years of data shows.’

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BBC News, 14th November 2019

Source: www.bbc.co.uk

“Bedroom tax” unlawful -Strasbourg Court – UK Human Rights Blog

Posted November 12th, 2019 in benefits, domestic violence, housing, human rights, news, sex discrimination, women by sally

‘Much may have changed in the political world since the Coalition Government introduced its controversial ‘bedroom tax’, but the legal fall-out from the policy continues. The European Court of Human Rights has delivered its verdict on the compatibility of the scheme with the prohibition on discrimination set out in Article 14 of the European Convention on Human Rights. The Strasbourg Court has found that the policy discriminated unlawfully against women at risk of domestic violence.’

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UK Human Rights Blog, 12th November 2019

Source: ukhumanrightsblog.com

‘Dangerous’ government advert for universal credit ruled misleading by watchdog – The Independent

Posted November 6th, 2019 in advertising, benefits, complaints, disabled persons, news by sally

‘A complaint that a government advert extolling the benefits of universal credit was misleading, and thus “dangerous to the health and financial security of disabled people”, has been upheld by the UK’s advertising watchdog.’

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The Independent, 6th November 2019

Source: www.independent.co.uk

Rise of the algorithms – UK Human Rights

‘The use of algorithms in public sector decision making has broken through as a hot topic in recent weeks. The Guardian recently ran the “Automating Poverty” series on the use of algorithms in the welfare state. And on 29 October 2019 it was reported that the first known legal challenge to the use of algorithms in the UK, this time by the Home Office, had been launched. It was timely, then, that the Public Law Project’s annual conference on judicial review trends and forecasts was themed “Public law and technology”.’

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UK Human Rights Blog, 4th November 2019

Source: ukhumanrightsblog.com

Social care support and persons subject to immigration control – Local Government Lawyer

‘The Administrative Court has revisited the issue of the denial of social care support to persons subject to immigration control, and the line between local authority social care support under the Care Act 2014, and accommodation and support provided by the Home Office. Jonathan Auburn analyses the ruling.’

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Local Government Lawyer, 1st November 2019

Source: www.localgovernmentlawyer.co.uk

European Court of Human Rights rules against the UK in ‘bedroom tax’ case – Doughty Street Chambers

Posted October 29th, 2019 in benefits, domestic violence, housing, human rights, news, sex discrimination by sally

‘Today [24 October] the European Court of Human Rights has ruled, in the case of A v the United Kingdom, that the so-called ‘bedroom tax’ unlawfully discriminates against vulnerable victims of domestic violence.’

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Doughty Street Chambers, 24th October 2019

Source: www.doughtystreet.co.uk

Bedroom tax, sanctuary schemes and human rights redux – Nearly Legal

Posted October 29th, 2019 in benefits, disability discrimination, domestic violence, housing, human rights, news by tracey

‘Case of J. D. and A. v United Kingdom 32949/17 34614/17. The Supreme Court (Lady Hale and Lord Carnwath dissenting) found justified discrimination in imposing the bedroom tax on a woman who, as a result of domestic violence, had had her home treated under the Sanctuary Scheme to include the modification of the attic to render it a “panic room”. (Our report here). The Supreme Court found that this was for a case by case evaluation, not something that required a blanket exemption for a class of people, and there were Discretionary Housing Payments possible. The European Court of Human Rights, in a 5/2 split decision, has now found that it was not justified discrimination.’

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Nearly Legal, 27th October 2019

Source: nearlylegal.co.uk

Watchdog to investigate suicide monitoring of benefit claimants after ministers refuse to publish data – The Independent

Posted October 22nd, 2019 in benefits, mental health, news, suicide by tracey

‘A watchdog is to investigate the government’s monitoring of suicides among benefit claimants amid concerns about links between welfare reforms and declining mental health.
The National Audit Office (NAO) said it would call on the Department for Work and Pensions (DWP) to reveal what information it held on the issue, after ministers refused to provide an MP with figures on the number of people in the welfare system who had taken their own lives.’

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The Independent, 21st October 2019

Source: www.independent.co.uk

Hostile environment ruled not a factor in death of Windrush man – The Independent

Posted October 8th, 2019 in benefits, citizenship, colonies, immigration, news by tracey

‘A coroner has ruled that the Home Office’s “hostile environment” did not contribute to the death of a Windrush citizen who lost his life after spending months struggling to prove his right to live in the UK.’

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The Independent, 7th october 2019

Source: www.theguardian.com

Mother sentenced for making false disability claims for her son who was in the Philippines – Crown Prosecution Service

Posted October 3rd, 2019 in benefits, children, disabled persons, families, fraud, news, sentencing by tracey

‘A woman who claimed her son was living in the loft when he had moved to the Philippines has been sentenced for dishonestly claiming thousands of pounds of benefits for him.’

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Crown Prosecution Service, 1st October 2019

Source: www.cps.gov.uk

NRPF: The crisis facing the children of migrants – Family Law Week

Posted September 12th, 2019 in benefits, children, housing, human rights, immigration, local government, news by tracey

‘Cameron Boyle, political correspondent for the Immigration Advice Service, explains the impact on the children of migrants of having no recourse to public funds and encountering problems with local authorities’ application of Children Act 1989, section 17.’

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Family Law Week, 11th September 2019

Source: www.familylawweek.co.uk

Rastamouse creator sentenced for £8,000 benefit fraud – The Guardian

Posted September 11th, 2019 in benefits, community service, fraud, news, sentencing by tracey

‘The creator of the children’s TV character Rastamouse has been ordered to do community service for benefit fraud, after the judge’s daughter said the author should not be jailed.’

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The Guardian, 10th September 2019

Source: www.theguardian.com

Capita to challenge payment ordered to family of woman who died after benefits were wrongly stopped – The Independent

‘A private company which was instrumental in stopping the benefits of a disabled woman who later died is going to court in a bid to avoid paying £10,000 awarded in damages to the family.’

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The Independent, 6th August 2019

Source: www.independent.co.uk

Man jailed for laundering more than £10m through Jewish charity – The Guardian

Posted July 9th, 2019 in benefits, charities, fraud, money laundering, news, sentencing by sally

‘A man has been jailed for almost 10 years for selling counterfeit erectile dysfunction and slimming pills and laundering more than £10m through bank accounts linked to a Jewish charity.’

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The Guardian, 5th July 2019

Source: www.theguardian.com

Case Comment: R (DA & Ors) v Secretary of State for Work & Pensions [2019] UKSC 21 Part Two – UKSC Blog

Posted July 8th, 2019 in appeals, benefits, equality, families, human rights, news, Supreme Court by sally

‘In order to make good an art 14 claim, a claimant has to establish that (a) the Jones_Jcircumstances fall within the ambit of a substantive Convention right, (b) the claimant has a relevant status for the purposes of art 14, (c) they have been treated differently from others in a similar situation, by reason of their status; if so the burden is then on the state to demonstrate (d) whether the difference in treatment is objectively justified. In a Thlimmenos claim, the third question becomes “they have been treated the same as others in a relevantly different situation”. The way in which those issues were resolved by Lord Wilson for the majority is summarised above, but the court’s analysis of status and justification is worth some closer consideration.’

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UKSC Blog, 2nd July 2019

Source: ukscblog.com

Case Comment: R (DA & Ors) v Secretary of State for Work & Pensions [2019] UKSC 21 Part One – UKSC Blog

Posted July 8th, 2019 in appeals, benefits, equality, families, human rights, news, Supreme Court by sally

‘In these joined appeals, the Supreme Court considered whether the “revised benefit Jones_Jcap” – the effect of which is to restrict the maximum amount of benefits payable to couples and lone parents to £23000 in London and £20000 elsewhere – discriminated against the lone parents of young children, and against the children themselves. The Supreme Court decided by a majority of 5-2 that it did not, though there were various differences of opinion even amongst the majority.’

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UKSC Blog, 2nd July 2019

Source: ukscblog.com

Supreme Court to hear ‘bedroom tax’ dispute over ability to disapply regulations to avoid human rights breaches – Local Government Lawyer

Posted July 3rd, 2019 in benefits, housing, human rights, news, Supreme Court, tribunals by sally

‘The Supreme Court will this week (3 July) hear an appeal on whether social security tribunals have the power or duty to calculate entitlement to housing benefit without making deductions for under-occupancy, where the application of regulations would breach claimants’ rights under the Human Rights Act.’

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Local Government Lawyer, 2nd July 2019

Source: www.localgovernmentlawyer.co.uk

Supreme Court quashes decision to declare mother ‘intentionally homeless’ – UK Human Rights Blog

Posted June 21st, 2019 in benefits, homelessness, housing, local government, news, rent, Supreme Court by tracey

‘Samuels v Birmingham City Council [2019] UKSC 28. In unanimously allowing an appeal against a decision to declare the appellant intentionally homeless due to her inability to pay her rent, the Supreme Court affirmed that non-housing benefits are not designed to create a surplus that can be used to account for insufficient housing benefits.’

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UK Human Rights Blog, 18th June 2019

Source: ukhumanrightsblog.com