Defined penalties gives Pensions Regulator powers to protect defined benefit schemes – Doughty Street Chambers

Work and Pensions Secretary Amber Rudd MP has announced that the government will introduce two new criminal offences to penalise the mismanagement of pension schemes.

Full Story

Doughty Street Chambers, 11th February 2019

Source: insights.doughtystreet.co.uk

LASPO Review: Bar Council reaction – The Bar Council

‘The Bar Council has reacted to the Ministry of Justice’s LASPO Part 1 review, published today. Richard Atkins QC, Chair of the Bar Council, said: “The Bar Council is disappointed with the Government’s post-implementation review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (“LASPO”), published today. When the Bar Council gave evidence to the Ministry of Justice (MOJ) last year on the impact of the LASPO cuts to legal aid we identified five priorities to help reverse the decline in legal aid provision over almost six years. (See notes to editors). Few have been addressed.” ‘

Full press release

The Bar Council, 7th February 2019

Source: www.barcouncil.org.uk

Case Comment: In the matter of an application by Siobhan McLaughlin for Judicial Review (Northern Ireland) [2018] UKSC 48 – UKSC Blog

‘It may seem somewhat Dickensian that an unmarried parent would be ineligible for social benefits as a widow/er upon the death of their partner and co-parent, but that was the situation created by the legislation challenged in Re Siobhan McLaughlin for Judicial Review (Northern Ireland) [2018] UKSC 48 (Lady Hale, Lord Mance, Lord Kerr, Lord Hodge and Lady Black). The issue under scrutiny was entitlement to widowed parent’s entitlement (WPA). WPA is a contributory social security benefit payable to parents of dependent children who are widowed; but, at the time of the claim, a widowed parent was only eligible for WPA if at the time of the death, s/he was married to, or the civil partner of, the deceased [para 1 of the judgment]. The appellant, who had four dependent children with her deceased partner, but had never married him, argued that this requirement discriminated against the survivor and/or the children on the basis of their marital or birth status, contrary to ECHR, art 14. The Supreme Court allowed the appeal majority of 4 to 1 (Lord Hodge dissenting) and made a declaration that s 39A is incompatible with ECHR, art 14 read with art 8, insofar as it precludes any entitlement to WPA by a surviving unmarried partner of the deceased.’

Single mother takes government to court after being forced into homelessness due to housing benefit shortfall – The Independent

Posted January 31st, 2019 in benefits, homelessness, housing, local government, news, Supreme Court by tracey

‘A single mother of four who was was forced into homelessness due to a shortfall in housing benefit is to challenge the government in Britain’s highest court.’

Full Story

The Independent, 31st January 2019

Source: www.independent.co.uk

UK Benefits System Fails Mentally Ill Claimants ‘Disproportionately’ By Refusing Benefits – Rights Info

Posted January 23rd, 2019 in benefits, disabled persons, mental health, news by sally

‘The UK benefits system’s Disability Living Allowance (DLA) has been designed to support people living with disabilities – but handouts may be unfairly benefiting claimants with physical injuries over those with mental illnesses.’

Full Story

Rights Info, 22nd January 2019

Source: rightsinfo.org

Council pays rogue landlord £500,000 in housing benefit – The Guardian

Posted January 21st, 2019 in benefits, housing, local government, news by tracey

‘A repeatedly convicted landlord, ruled unfit to rent out property in a north London borough in 2015, has since received more than £500,000 in housing benefit payments from the same council that banned him. The discovery that a local authority is directly paying public money to a landlord its own officers describe as “rogue” is the latest example of the ineffective regulations designed to police the private rented sector’s worst offenders.’

Full Story

The Guardian, 20th January 2019

Source: www.theguardian.com

Legal aid for welfare benefits plummets over a decade – Law Society’s Gazette

Posted January 18th, 2019 in appeals, benefits, budgets, legal aid, news, statistics by tracey

‘The Ministry of Justice says its delayed review of the impact of its controversial legal aid reforms is nearly done after publishing a table showing an alarming drop in the number of people who have been granted public funding in welfare benefits cases over the last decade.’

Full Story

Law Society's Gazette, 17th January 2019

Source: www.lawgazette.co.uk

Home Office announces repayment for slavery victims after it unlawfully cut their support – The Independent

Posted January 18th, 2019 in benefits, compensation, forced labour, news, trafficking in human beings, victims by tracey

‘The Home Office has announced a repayment scheme for modern slavery victims after its decision to slash their financial support was ruled unlawful by the High Court.’

Home Office press release

Full Story

The Independent, 17th January 2019

Source: www.independent.co.uk

Recent ruling on Universal Credit – UK Human Rights Blog

‘R (Johnson, Woods, Barrett and Stewart) v SSWP CO/1552/2018 (11 January 2019) – this case was brought by four social security claimants contesting the proper method of calculating the amount of universal credit payable to each claimant under the Universal Credit Regulations 2013. Singh LJ and Lewis J concluded that treating claimants as having “earned” twice as much as they do if they happen to be paid twice within one monthly assessment period is “odd in the extreme” [para 54] and “…. could be said to lead to nonsensical situations” [para 55].’

Full Story

UK Human Rights Blog, 15th January 2019

Source: ukhumanrightsblog.com

Grenfell fraudster jailed for claiming £88,000 worth of benefits – Crown Prosecution Service

Posted December 3rd, 2018 in benefits, closed circuit television, fire, fraud, news, sentencing, victims by tracey

‘A man has been jailed after falsely claiming he was sleeping rough in the Grenfell Tower so he could access £88,0000 worth of benefits meant for genuine victims of the fire.’

Full Story

Crown Prosecution Service, 30th November 2018

Source: www.cps.gov.uk

Women launch legal challenge to ‘irrational’ universal credit system – The Guardian

Posted November 28th, 2018 in benefits, budgets, debts, families, news by tracey

‘Four women have launched a high court legal challenge to universal credit, arguing that an arbitrary design flaw in the payment system for the new benefit is “irrational and discriminatory” and leaves some families hundreds of pounds a year worse off.’

Full Story

The Guardian, 27th November 2018

Source: www.theguardian.com

Home Office cuts to modern slavery victims’ benefits are unlawful, High Court rules – The Independent

Posted November 9th, 2018 in asylum, benefits, government departments, news, trafficking in human beings by tracey

‘A government decision to slash financial support for modern slavery victims has been ruled unlawful by the High Court.’

Full Story

The Independent, 22nd November 2018

Source: www.independent.co.uk

Solicitor struck off over housing benefit conviction – Legal Futures

Posted November 7th, 2018 in benefits, disciplinary procedures, fraud, news, solicitors by sally

‘An experienced solicitor has been struck off after being convicted of fraudulently claiming housing benefit when she had savings that made her ineligible.’

Full Story

Legal Futures, 7th November 2018

Source: www.legalfutures.co.uk

Universal Credit – more woes – Nearly Legal

Posted November 2nd, 2018 in benefits, housing, leases, mesne profits, news, regulations, rent by sally

‘The Universal Credit Regulations 2013 contain certain exclusions from the housing element of Universal Credit.’

Full Story

Nearly Legal, 1st November 2018

Source: nearlylegal.co.uk

Budget 2018: Here’s What It Means For Our Human Rights – Rights Info

Posted October 30th, 2018 in benefits, budgets, education, health, housing, human rights, mental health, news, roads, statistics by sally

‘In his final budget before Brexit, Chancellor Philip Hammond has declared that austerity is coming to an end and reiterated Theresa May’s £8.4 billion spending pledge to the NHS.’

Full Story

Rights Info, 29th October 2018

Source: rightsinfo.org

Britain’s equality efforts overshadowed by ‘backwards steps’, EHRC warns – The Guardian

Posted October 25th, 2018 in benefits, budgets, disabled persons, equality, health, minorities, news by tracey

‘Progress on making Britain a more equal country has been overshadowed over the last three years by “alarming backward steps”, the government’s own equalities watchdog has warned.’

Full Story

The Guardian, 25th October 2018

Source: www.theguardian.com

UK carers face fines and fraud charges because of overpaid benefit – The Guardian

Posted October 8th, 2018 in benefits, carers, fraud, news, prosecutions by sally

‘More than a thousand carers face being prosecuted for fraud as the government attempts to claw back overpayments to people who have been looking after sick and elderly relatives from the poorest communities, the Guardian has been told.’

Full Story

The Guardian, 7th October 2018

Source: www.theguardian.com

Supreme Court rules in favour of unmarried mother in benefits case – Family Law

‘The UK’s Supreme Court has ruled in favour of Siobhan McLaughlin, an unmarried mother of four from County Antrim, gaining access to Widowed Parent’s Allowance following her partner’s death in 2014.’

Full Story

Family Law, 31st August 2018

Source: www.familylaw.co.uk

Don’t release prisoners on Fridays, says Nacro charity – BBC News

Posted August 24th, 2018 in benefits, medical treatment, news, prisons by sally

‘Prisoners should stop being released on Fridays because it can prove hard for them to access benefits, medication and assistance, campaigners have said.’

Full Story

BBC News, 24th August 2018

Source: www.bbc.co.uk

Lettings Agents are Discriminating Against Housing Benefit Tenants, says Shelter – Rights Info

Posted August 23rd, 2018 in benefits, equality, housing, landlord & tenant, news, reports, social security by sally

‘An investigation by Shelter has found many letting agents are refusing to rent to tenants who receive housing benefits.’

Full Story

Rights Info, 22nd August 2018

Source: rightsinfo.org