Tetyana Krupiy: The Modern Bill of Rights creates barriers to challenging algorithmic decisions – UK Constitutional Law Association

Posted April 19th, 2022 in artificial intelligence, benefits, electronic filing, fraud, human rights, news by sally

‘Challenging inaccurate decisions of public authorities which fundamentally impact the life of the British public, could soon be harder. The UK government plans to replace the Human Rights Act 1998 with a Modern Bill of Rights. Its package of law reform proposals will make it very hard, and in some cases impossible, for individuals to challenge decisions produced by the operation of artificial intelligence decision-making processes in court. While individuals who experience discrimination in their daily lives will be particularly affected, all individuals will face barriers to accessing justice. This development is important in light of the fact that the UK government formulated a strategic priority in 2017 to create conditions for the growth of the artificial intelligence industry in the United Kingdom. As a follow up the UK government set up the Government Digital Service and the Office for Artificial Intelligence in 2019 in order to inform public authorities about how they can embed artificial intelligence technology into the provision of public services. This suggests that public authorities will make increasing reliance on the employment of artificial intelligence decision-making processes. The Department for Work and Pensions (DWP) is already using artificial intelligence technology to detect which individuals are fraudulently claiming benefits.’

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UK Constitutional Law Association, 19th April 2022

Source: ukconstitutionallaw.org

DWP faces legal action over use of algorithm in decisions over fraud investigations – Local Government Lawyer

‘The Greater Manchester Coalition of Disabled People (GMCDP) and non-profit legal group Foxglove have sent the Department for Work & Pensions (DWP) a letter before action over its use of a computer algorithm when deciding on who should be investigated for fraud.’

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Local Government Lawyer, 23rd February 2022

Source: www.localgovernmentlawyer.co.uk

Terminally ill benefits claimants to be exempt from work search requirements – The Independent

Posted January 25th, 2022 in benefits, disabled persons, news, unemployment by sally

‘Terminally ill benefits claimants in Britain will not have to demonstrate that they are taking measures such as looking for work in order to receive support, the Government has said.’

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The Independent, 24th January 2022

Source: www.independent.co.uk

‘Deeply distressing’: 118,000 disabled people denied compensation after being underpaid thousands of pounds – The Independent

Posted January 13th, 2022 in benefits, compensation, disabled persons, news by tracey

‘Tens of thousands of people with disabilities and health problems are being denied the right to compensation following a government blunder over benefit payments, the health watchdog has warned.’

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The Independent, 13th January 2022

Source: www.independent.co.uk

New law will exempt historical abuse payments from means testing across UK – The Independent

Posted December 14th, 2021 in benefits, child abuse, compensation, news by tracey

‘A change to the law that will see historical, institutional abuse, compensation payments exempted from benefit means testing in Great Britain has been welcomed.’

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The Independent, 13th December 2021

Source: www.independent.co.uk

New Judgment: Fratila and another (AP) v Secretary of State for Work and Pensions [2021] UKSC 53 – UKSC Blog

Posted December 2nd, 2021 in benefits, brexit, EC law, news, regulations, Supreme Court by sally

‘The Respondents are Romanian nationals residing in the UK. They both made applications for universal credit in June 2019. At the time of their applications, the Respondents’ right to reside in the UK arose solely from their pre-settled status under the EU Settlement Scheme. The Respondents’ applications were refused because the Universal Credit Regulations 2013, as amended by the Social Security (Income Related Benefits) (Updating and Amendment) (EU exit) Regulations 2019 (the “2019 Regulations”) do not permit universal credit to be granted solely on the basis of an individual’s pre–settled status.’

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UKSC Blog, 2nd December 2021

Source: ukscblog.com

Department for Work and Pensions Faces Court Case For ‘Human Rights Breach’ – Each Other

Posted November 30th, 2021 in benefits, coronavirus, disabled persons, human rights, judicial review, news by tracey

‘The Department for Work and Pensions (DWP) is facing a court case which alleges a human rights breach that could see the Government ordered to pay £1,560 each to over two million benefits claimants.’

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Each Other, 29th November 2021

Source: eachother.org.uk

London borough to pay £8k+ after family remained in unsuitable accommodation for 23 months – Local Government Lawyer

‘The London Borough of Newham is to pay more than £8,000 to a mother of four after failing to move her and her family from “overcrowded and hazardous” accommodation for almost two years, following an investigation by the Local Government and Social Care Ombudsman.’

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Local Government Lawyer, 23rd November 2021

Source: www.localgovernmentlawyer.co.uk

New Acts – legislation.gov.uk

2021 c. 32 – Social Security (Up-rating of Benefits) Act 2021

2021 c. 31 – Telecommunications (Security) Act 2021

2021 c. 30 – Environment Act 2021

Source: www.legislation.gov.uk

Court of Appeal upholds Universal Credit childcare rules – UK Human Rights Blog

Posted November 16th, 2021 in benefits, children, human rights, news, sex discrimination by sally

‘This is a case about the payment of childcare costs under Universal Credit. Universal Credit claimants can claim an element reimbursing them up to 85% of the costs of childcare while they go to work.’

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UK Human Rights Blog, 15th November 2021

Source: ukhumanrightsblog.com

Universal credit claimants were sent unlawful demands to repay, says charity – The Guardian

Posted November 15th, 2021 in benefits, charities, coronavirus, government departments, identification, news by tracey

‘The Department for Work and Pensions has unlawfully told “significant” numbers of people who legitimately claimed universal credit at the start of the pandemic to repay money often totalling thousands of pounds, a charity has claimed.’

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The Guardian, 13th November 2021

Source: www.theguardian.com

Not able to meet the financial requirement of Appendix FM? Do not despair – EIN Blog

Posted November 9th, 2021 in benefits, disabled persons, families, immigration, news, visas by tracey

‘Financial requirement for the partner visa is satisfied if the sponsor, the British partner, has income of at least £18,600 per year or if the couple have savings of at least £62,500 (slightly more if there are non-British children to be sponsored in the same application). It is possible to meet the financial requirement through a combination of savings and income. The rules are quite prescriptive about the sources of income and the documentary evidence required in support of the application. The evidential requirement depends on the source of income and one of the most common reasons for refusal of an application is failure to meet the evidential requirement.’

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EIN Blog, 8th November 2021

Source: www.ein.org.uk

Capita pays compensation to family of woman who died after benefits cut – The Guardian

‘A government contractor has paid out “substantial” compensation following the death of a young mother who took an overdose after her disability benefits were removed.’

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The Guardian, 3rd November 2021

Source: www.theguardian.com

Is The Cost of Childcare Threatening Families’ Human Rights? – Each Other

Posted October 22nd, 2021 in benefits, child support, children, families, government departments, human rights, news by sally

‘Childcare costs can threaten the right to a family life, but the UK government has rejected calls for an independent inquiry into soaring prices.’

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Each Other, 20th October 2021

Source: eachother.org.uk

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