Full-time carer crowd funds investigation into legal challenge over failure to increase Carer’s Allowance during coronavirus pandemic – Local Government Lawyer

Posted April 17th, 2020 in benefits, carers, coronavirus, disabled persons, families, news by sally

‘A mother who cares full-time for her severely disabled daughter is crowdfunding an investigation into the potential for a legal challenge over the government’s decision not to increase the Carer’s Allowance in line with other benefits in response to the COVID-19 outbreak.’

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Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk

Coronavirus: Single parents take government to court over welfare rules – BBC News

Posted April 3rd, 2020 in benefits, children, coronavirus, families, immigration, news by sally

‘A group of single parents who cannot claim welfare payments because of their migration status are suing the government.’

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BBC News, 3rd April 2020

Source: www.bbc.co.uk

Divisional Court to consider application for suspension of ‘no recourse to public funds’ policy – Local Government Lawyer

‘The Divisional Court will this week (3 April) consider whether to suspend the Home Office’s ‘no recourse to public funds’ (NRPF) policy.’

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Local Government Lawyer, 30th March 2020

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal rules that a British child living with her mother in the UK will not be entitled to Disability Living Allowance if her father is living and working in another EU State – Garden Court Chambers

‘In AH v Secretary of State for Work and Pensions [2020] UKUT 53 (AAC), the claimant and her parents are British citizens. The parents separated in 2011 but are not divorced. The father moved to live and work in Belgium. In October 2013, the Claimant (the daughter) claimed Disability Living Allowance (DLA) when she was four years old. The care component was awarded at the middle rate, but the award was later removed when the Department for Work and Pensions (DWP) became aware that the claimant’s father was living and working in Belgium.’

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Garden Court Chambers, March 2020

Source: www.gardencourtchambers.co.uk

Long term disability benefits: it all depends on the contract – 3PB

‘This appeal concerned a provision about long term disability benefit (“LTDB”) which formed part of the Claimant’s contract of employment. It provided for the employee to receive a Disability Income of 2/3rds of his Base Annual Salary less the State Invalidity Pension should he be absent from, and unable to, work due to sickness or injury for a continuous period of twenty-six weeks or more, which would commence twenty-six weeks after the start of his absence and continue until the earlier date of his “return to work, death or retirement”.’

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3PB, 2nd March 2020

Source: www.3pb.co.uk

Charities call for inquiry into deaths linked to benefits cuts – The Guardian

‘Some of the UK’s best known mental health charities and the Royal College of Psychiatrists have jointly called for an independent inquiry into the deaths of scores of vulnerable people who were reliant on welfare benefits.’

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The Guardian, 11th March 2020

Source: www.theguardian.com

MPs oppose ‘bedroom tax’ being applied to domestic abuse survivors – BBC News

Posted March 10th, 2020 in benefits, domestic violence, housing, news, parliament by tracey

‘The government must stop applying the so-called “bedroom tax” to domestic abuse survivors fleeing their partners, 44 MPs have written in a letter seen by the BBC’s Victoria Derbyshire show.’

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BBC News, 10th March 2020

Source: www.bbc.co.uk

DWP criticised for ‘incredible secrecy’ over deaths of benefit claimants – The Guardian

‘The head of an influential cross-party committee of MPs has criticised the “incredible secrecy” surrounding the government’s handling of the deaths of vulnerable benefit claimants following the case of Errol Graham, a severely ill man who died of starvation after his benefits were cut off.’

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The Guardian, 1st March 2020

Source: www.theguardian.com

‘Cover-up’: DWP destroyed reports into people who killed themselves after benefits were stopped – The Independent

Posted February 27th, 2020 in benefits, data protection, government departments, news, suicide by tracey

‘The Department for Work and Pensions has been accused of “a cover-up” after destroying reports into suicides linked to benefits being stopped. Around 50 reviews into deaths following the loss of social security payments before 2015 have been shredded, officials have admitted – blaming data protection laws.’

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The Independent, 26th February 2020

Source: www.independent.co.uk

Legal victories over ‘No DSS’ letting agents – BBC News

Posted February 27th, 2020 in benefits, landlord & tenant, news, sex discrimination by tracey

‘The battle against the discriminatory practice of landlords not renting to benefit claimants has intensified after legal victories by two single mothers.’

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BBC News, 26th February 2020

Source: www.bbc.co.uk

Bereavement payments for co-habiting couples urged – BBC News

Posted February 10th, 2020 in benefits, bereavement, children, cohabitation, equality, news by sally

‘A landmark legal case has found denying bereavement payments to co-habiting couples is against human rights law.’

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BBC News, 7th February 2020

Source: www.bbc.co.uk

New Judgment: A Reference by the Attorney General for Northern Ireland of devolution issues to the Supreme Court pursuant to Paragraph 34 of Schedule 10 to the Northern Ireland Act 1998 [2020] UKSC 2 – UKSC Blog

‘This appeal arose as a result of an application made by the Attorney General for Northern Ireland under the Northern Ireland Act 1998, Schedule 10 paragraph 34. Paragraph 34 provides that the Attorney General may refer to the Supreme Court any devolution issue which is not the subject of proceedings. A devolution issue includes a question whether a purported exercise of a function by a Northern Ireland Department is or would be invalid by reason the 1998 Act, s.24. S. 24(1)(a) provides that a Department of Northern Ireland has no power to make, confirm or approve any subordinate legislation, or to do any act, so far as the legislation or act is incompatible with any of the rights guaranteed by the European Convention on Human Rights.’

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UKSC Blog, 5th February 2020

Source: ukscblog.com

Government loses court appeal over short-changing disabled benefit claimants – The Independent

Posted January 30th, 2020 in appeals, benefits, disability discrimination, disabled persons, news by tracey

‘The government has lost two appeals against court judgments that found the Department for Work and Pensions (DWP) had unlawfully discriminated against thousands of severely disabled people who were moved on to universal credit.’

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The Independent., 29th January 2020

Source: www.independent.co.uk

Errol Graham death: Nottingham man starved after benefits stopped – BBC News

‘Relatives of a man who starved to death after his benefits were stopped have said the system is “not fit for purpose”.’

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BBC, 29th January 2020

Source: www.google.com

When to disapply subordinate legislation – Law Society’s Gazette

‘It is still relatively uncontroversial to suggest that, as a matter of public law, public authorities must comply with legislation. But what should public authorities do where such compliance would actually result in a breach of a right under the European Convention on Human Rights? In RR v Secretary of State for Work and Pensions [2019] UKSC 52, the Supreme Court held that it is not unconstitutional for a public authority to disapply a provision of subordinate legislation to avoid breaching a convention right. This is necessary under the Human Rights Act 1998. Public authorities will be looking to the horizon to see what impact this decision may have more widely.’

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Law Society's Gazette, January 2020

Source: www.lawgazette.co.uk

Former lawyer sentenced for benefit fraud – Crown Prosecution Service

Posted January 13th, 2020 in benefits, disabled persons, fraud, news, sentencing by tracey

‘A former lawyer who said he could not walk without help, but was spotted driving a miniature locomotive, has been sentenced for benefit fraud.’

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Crown Prosecution Service, 10th January 2020

Source: www.cps.gov.uk

10 cases that defined 2019 – UK Human Rights Blog

‘And so, we reach the end of another year. And what a year it has been. As well perhaps the most tumultuous period in British politics for decades, this year saw the first ever image taken of a black hole, a victory for the England men’s cricket team at the World Cup, the discovery of a new species of prehistoric small-bodied human in the Philippines and signs that humpback whale numbers in the South Atlantic have bounced back thanks to intensive conservation efforts. And the law? Well, rather a lot has happened really. As the festive season draws near, what better way is there to celebrate than to rewind the clock and relive the 10 cases which have defined 2019?’

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UK Human Rights Blog, 19th December 2019

Source: ukhumanrightsblog.com

Housing benefits, human rights and possession claims – Local Government Lawyer

Posted December 17th, 2019 in benefits, housing, landlord & tenant, news, repossession, Supreme Court by tracey

‘Public sector and private sector landlords need to know about a recent housing benefit ruling from the Supreme Court, write Karl Anders and Deborah Brown.’

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Local Government Lawyer, 17th December 2019

Source: www.localgovernmentlawyer.co.uk

Council acted unlawfully when assessing whether applicant was ‘former relevant child’ – Local Government Lawyer

Posted December 16th, 2019 in benefits, children, local government, news, statutory interpretation by tracey

‘The High Court has ruled that the London Borough of Ealing acted unlawfully in its assessment of whether applicant AB was a “former relevant child” within the meaning of section 23C of the Children Act 1989.’

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Local Government Lawyer, 13th December 2019

Source: www.localgovernmentlawyer.co.uk

Disabled woman called ‘lying bitch’ by welfare official awarded £5,000 – The Guardian

‘A disabled woman has been awarded £5,000 in an out-of-court settlement after being called a “lying bitch” by a welfare official in formal legal papers after challenging a decision to cut her disability benefits.’

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The Guardian, 12th December 2019

Source: www.theguardian.com