R (Child Poverty Action Group) v Secretary of State for Work and Pensions – WLR Daily

Posted December 10th, 2010 in benefits, law reports, mistake, restitution by sally

R (Child Poverty Action Group) v Secretary of State for Work and Pensions 2010 UKSC 54; [2010] WLR (D) 322

 “The only right to recover overpaid social security benefits paid according to an award was that conferred by s 71 of the Social Security Administration Act 1992 which provided an exhaustive scheme for dealing with all overpayments made pursuant to benefit awards and applied only where there had been misrepresentation or non-disclosure. The Secretary of State was not therefore entitled to seek recovery of such overpayments paid in error by way of a restitutionary claim at common law.”

WLR Daily, 9th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Tilianu) v Secretary of State for Work and Pensions – WLR Daily

Posted December 10th, 2010 in benefits, domicile, EC law, law reports, self-employment by sally

R (Tilianu) v Secretary of State for Work and Pensions [2010] EWCA Civ 1397; [2010] WLR (D) 320

” ‘Employment’ within the meaning of art 7(3)(b) and (c) of Directive 2004/38/EC did not include self-employment, with the result that an EU citizen who was no longer self-employed did not retain the status of worker and had no right to reside.”

WLR Daily, 9th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Benefits repayment case upheld by Supreme Court – BBC News

Posted December 9th, 2010 in benefits, mistake, news by sally

“The government has lost a legal battle to recover millions of pounds in overpaid benefits.”

Full story

BBC News, 8th December 2010

Source: www.bbc.co.uk

Swansea student asylum seeker jailed for £250,000 fraud – BBC News

Posted November 5th, 2010 in benefits, fraud, news, sentencing by sally

“An overseas student has been jailed for two years at Cardiff Crown Court for fraudulently claiming £250,000 in benefits and funding.”

Full story

BBC News, 4th November 2010

Source: www.bbc.co.uk

Mother from Norfolk jailed for £60,000 benefits fraud – BBC News

Posted October 8th, 2010 in benefits, fraud, news, sentencing by sally

“A 35-year-old mother from Norfolk has been jailed for nine months for defrauding the state of about £60,000 in benefits.”

Full story

BBC News, 8th October 2010

Source: www.bbc.co.uk

Million pound identity fraud trio jailed – BBC News

Posted September 16th, 2010 in benefits, conspiracy, firearms, identity fraud, news, sentencing by sally

“Three people who made more than £1m by fraudulently obtaining benefits, credit and store cards in a long-running identity scam have been jailed.”

Full  story

BBC News, 15th September 2010

Source: www.bbc.co.uk

Constable blinded by Moat fights ‘unfair’ benefit – The Independent

Posted September 16th, 2010 in benefits, disabled persons, news, police by sally

“The police officer blinded by gunman Raoul Moat has revealed he is fighting the Government after being awarded £18.95-a-week mobility allowance.”

Full story

The Independent, 16th September 2010

Source: www.independent.co.uk

Dancer spared jail over benefits fraud – The Independent

Posted August 4th, 2010 in benefits, community service, fraud, news by sally

“A  61-year-old jazz dancer who fraudulently claimed nearly £20,000 in disability benefits walked free from court today.”

Full story

The Independent, 4th August 2010

Source: www.independent.co.uk

Romanians jailed for making their children beg and steal – The Guardian

“A Romanian couple who exploited their seven children as beggars and thieves in and around London have been jailed at Reading crown court for two and a half years for child cruelty.”

Full story

The Guardian, 30th July 2010

Source: www.guardian.co.uk

Benefit cheats caught on Wife Swap TV show avoid jail – BBC News

Posted July 9th, 2010 in benefits, fraud, news, sentencing, suspended sentences by sally

“A couple caught cheating almost £10,000 in benefits after appearing on the reality TV show Wife Swap have avoided jail.”

Full story

BBC News, 7th July 2010

Source: www.bbc.co.uk

Deane v Secretary of State for Work and Pensions – WLR Daily

Posted June 29th, 2010 in appeals, benefits, carers, disqualification, education, law reports, tribunals by sally

Deane v Secretary of State for Work and Pensions [2010] EWCA Civ 699; [2010] WLR (D) 162

“In determining whether a claimant seeking Carer’s Allowance was ‘receiving full-time education’, so as to be excluded, it was erroneous to ask how many hours were actually spent on the activities which were defined within the applicable Regulations.”

WLR Daily, 28th June 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Fraudster claimed disability benefits while playing football – Daily Telegraph

“A man who claimed benefits worth thousands of pounds by saying he could not walk without a stick was caught on camera running around a pitch playing football.”

Full story

Daily Telegraph, 24th June 2010

Source: www.telegraph.co.uk

Benefits restriction on terror suspects’ wives was illegal, European court rules – The Guardian

Posted April 29th, 2010 in benefits, EC law, news, terrorism by sally

“Restrictions on the payment of welfare benefits to wives of terror suspects imposed by Ed Balls when he was a Treasury minister have been ruled illegal by the European court of justice.”

Full story

The Guardian, 29th April 2010

Source: www.guardian.co.uk

Regina v Lancaster – WLR Daily

Posted March 5th, 2010 in appeals, benefits, false accounting, law reports, theft by sally

Regina v Lancaster [2010] EWCA Crim 370; [2010] WLR (D) 63

“Where a person was charged with an offence of falsifying a document made or required for an accounting purpose, by omitting a material particular from that document, contrary to s 17 of the Theft Act 1968, the omitted particular was to be regarded as material if it had the effect that the document was liable to mislead in a way which was significant, or in a way which mattered.”

WLR Daily, 4th March 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Swansea benefit fraud businessman jailed over repayment – BBC News

Posted March 5th, 2010 in benefits, fraud, news, sentencing, suspended sentences by sally

“A businessman jailed for not fully paying £200,000 for falsely claiming benefits is being charged 8% compound interest on £166,000 he still owes.”

Full story

BBC News, 4th March 2010

Source: www.bbc.co.uk

EU court ruling over migrant UK child benefit claims – BBC News

Posted February 24th, 2010 in benefits, children, education, immigration, news by sally

“The European Court of Justice has said some migrant families can stay in the UK and claim benefits – even if the main worker has left the country.”

Full story

BBC News, 23rd February 2010

Source: www.bbc.co.uk

‘Devious’ mother jailed over £80,000 benefits fraud – The Independent

Posted January 21st, 2010 in benefits, fraud, news by sally

“A ‘devious, calculating’ mother-of-three fraudulently claimed over £80,000 in benefits despite living outside the UK, a council said today.”

Full story

The Independent, 21st January 2010

Source: www.independent.co.uk

Cotton v Secretary of State for Work and Pensions – WLR Daily

Posted December 18th, 2009 in benefits, holiday pay, law reports by sally

Cotton v Secretary of State for Work and Pensions [2009] EWCA Civ 1330; [2009] WLR (D) 372

“Accrued holiday paid on the termination of employment constituted earnings of the same kind as ordinary pay so that an employee was treated as gainfully employed and not eligible for social security benefits in respect of earnings payable in the period starting with the first day of the benefit week in which they were paid and ending on the day before the next payment of ordinary earnings.”

WLR Daily, 17th December 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Benefit cheat must repay £92,000 – BBC News

Posted December 3rd, 2009 in benefits, fraud, news by sally

“A man who fraudulently claimed more than £92,000 in benefits for his mother in Bangladesh has been told to repay the cash or spend longer in prison.”

Full story

BBC News, 2nd December 2009

Source: www.bbc.co.uk

Martin v Secretary of State for Work and Pensions – WLR Daily

Posted December 1st, 2009 in benefits, conflict of laws, France, law reports, trusts by sally

Martin v Secretary of State for Work and Pensions [2009] EWCA Civ 1289; [2009] WLR (D) 346 

“Although English law might be the law applicable to the question whether a property in France, registered in the name of an income benefit claimant domiciled in England, was held on an implied trust for another, nevertheless, where the whole focus of the admitted common intentions of the claimant and the alleged beneficiary was on the provisions of French succession law as having the closest connection to the property, a social security commissioner was entitled to conclude that French law applied, with the result that there was no implied trust, the claimant was the beneficial owner of the property, and his capital, for income support purposes, exceeded the prescribed amount.”

WLR Daily, 27th November 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.