Archive for the 'benefits' Category

Borger v Tiroler Gebietskrankenkasse – WLR Daily

Borger v Tiroler Gebietskrankenkasse (Case C-516/09); [2011] WLR (D) 89

“The status of an ’employed person’, within the meaning of article 1(a) of Council Regulation (EEC) No 1408/71, as amended , applied to a person during a six-month period of extended unpaid leave following the birth of a child, provided that, during that period, that person was covered, even if only in respect of a single risk, on a compulsory or optional basis, by a general or special social security scheme mentioned in article 1(a) of that Regulation.”

WLR Daily, 10th March 2011

Source: www.iclr.co.uk

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

Ruiz Zambrano v Office national de L’emploi (ONEm) – WLR Daily

 “A third country national with dependent children who were European citizens, had, pursuant to article 20FEU of the FEU Treaty, a right of residence in the member state of residence and nationality of those children and was entitled to a work permit in so far as this enabled the children to enjoy the substance of the rights attaching to the status of European Union citizenship.”

WLR Daily, 10th March 2011

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.

Child Poverty Action Group mounts legal challenge to welfare reform – The Guardian

“The government is facing a legal challenge to its controversial plans to cap housing benefit payments on the grounds that large areas of the south-east will become off limits to the poor, with lone parents and ethnic minorities ‘disproportionately affected’.”

Full story

The Guardian, 7th March 2011

Source: www.guardian.co.uk

Hackney London Borough Council v Findlay – WLR Daily

Hackney London Borough Council v Findlay [2011] EWCA Civ 8; [2011] WLR (D) 7

“Where a court had made an order for possession against a tenant in his absence, on an application to set aside that order under CPR r 3.1 the court should take all the circumstances into account under r 3.9, where the tenant could show for the purposes of r 39.3(5) that he had acted promptly when he found out about the possession order, had a good reason for not attending the trial and had a reasonable prospect of success on the application, giving precedence to the requirements of r 39.3(5).”

WLR Daily, 21st January 2011

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.

Disability benefit cuts ‘could breach human rights law’ – BBC News

“New assessment tests are planned to help the government decide where to make cuts in disability benefits.”

Full story

BBC News, 8th January 2011

Source: www.bbc.co.uk

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

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

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

“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

“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

“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

“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

“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

“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

“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

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

“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

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

“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

“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

“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

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

“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

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.

Shannon Matthews ‘aunt’ jailed for benefit fraud – The Guardian

“The ‘aunt’ of Shannon Matthews became the latest family member to go to jail today after the huge investigation into the Yorkshire schoolgirl’s staged kidnapping.”

Full story

The Guardian, 5th November 2009

Source: www.guardian.co.uk

Cheating benefit advisor jailed – BBC News

“A benefits officer who admitted falsely claiming over £75,000 has been jailed for 14 months at Manchester Minshull Street Crown Court.”

Full story

BBC News, 29th October 2009

Source: www.bbc.co.uk

Apprentice star loses appeal bid – BBC News

“One of the former stars of BBC show The Apprentice has lost an appeal to overturn a conviction for obtaining thousands through benefit fraud.”

Full story

BBC News, 15th October 2009

Source: www.bbc.co.uk

Drugs test for claimants sparks row over unemployment benefits – The Guardian

“Controversial government plans to allow Jobcentre staff to ‘order’ benefit claimants to undergo tests for drug and alcohol dependency are in breach of European law and unlikely to work, according to leading addiction charities.”

Full story

The Guardian, 27th September 2009

Source: www.guardian.co.uk

Regina v Tilley – Times Law Reports

Regina v Tilley

Court of Appeal (Criminal Division)

“If a third party knew of a change that affected the benefit of a person claiming income support, he would be guilty of an offence only if he dishonestly allowed the beneficiary to fail to report the change provided that he had been active in some way in the failure.”

The Times, 5th August 2009

Source: www.timesonline.co.uk

R v Tilley – WLR Daily

R v Tilley [2009] EWCA Crim 1426; [2009] WLR (D) 249

“Where a third party knew of a change that affected the benefit of a person claiming income support, he would be guilty of an offence if he dishonestly allowed the beneficiary to fail to report the change, but to commit the offence the third party had to have been active in some way in the failure.”

WLR Daily, 21st July 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.

Disability claim sportsman jailed – BBC News

“A wheelchair basketball player from Merseyside who was part of a medal winning team at Beijing 2008 has been jailed for benefit fraud.”

Full story

BBC News, 15th April 2009

Source: www.bbc.co.uk

Gargett v Lambeth London Borough Council – Times Law Reports

Gargett v Lambeth London Borough Council

Court of Appeal

“An applicant who had been in receipt of income and housing benefit and had been paid her housing costs had not been deprived of the right to seek discretionary housing payments for arrears of unpaid increased rent on the ground she had already received her housing costs payment.”

The Times, 20th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Lone parents told to be ready to work or face benefit cut – The Guardian

“The government will announce further stringent welfare reforms today which would force lone parents with children aged one or more to prepare themselves for work or face benefit sanctions.”

Full story

The Guardian, 2nd December 2008

Source: www.guardian.co.uk

Zalewska v Department for Social Development (Child Poverty Action Group and another intervening) – WLR Daily

Zalewska v Department for Social Development (Child Poverty Action Group and another intervening) [2008] UKHL 67; [2008] WLR (D); [2008] WLR (D) 356

“The United Kingdom’s decision to restrict the payment of welfare benefits for nationals of Poland, Estonia, Latvia, Lithuania, Hungary, Slovenia, Slovakia and the Czech Republic (known collectively as the ‘A8 states’) to those who had worked an uninterrupted 12 months in employment registered with the Home Office was compatible with European Union law.”

WLR Daily, 13th November 2008

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.

Zalewska v Department for Social Development – Times Law Reports

Zalewska v Department for Social Development

House of Lords

“The United Kingdom’s decision to restrict the payment of welfare benefits for nationals of Poland, Estonia, Latvia, Lithuania, Hungary, Slovenia, Slovakia and the Czech Republic, known collectively as the A8 states, to those who had worked an uninterrupted 12 months in employment registered with the Home Office was not incompatible with European Union law.”

The Times, 14th November 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina (RJM) v Secretary of State for Work and Pensions – Times Law Reports

Regina (RJM) v Secretary of State for Work and Pensions

House of Lords

“The policy of disentitling persons without accommodation from receiving the disability premium to which they would otherwise be entitled in their income support amounted to discrimination within article 14 of the European Convention on Human Rights but was lawful as it could be justified on policy grounds.”

The Times, 27th October 2008 

Source: www.timesonline.co.uk

Controversial benefit reforms come into force – The Independent

“The latest phase of the Government’s benefit reforms come into force today but faced immediate criticism, with claims they could lead to fewer poor children receiving child maintenance.”

Full story

The Independent, 27th October 2008

Source: www.independent.co.uk

R (RJM) v Secretary of State for Work and Pensions (Equality and Human Rights Commission intervening) – WLR Daily

R (RJM) v Secretary of State for Work and Pensions (Equality and Human Rights Commission intervening) [2008] UKHL 63; [2008] WLR (D) 00; [2008] WLR (D) 328

“The policy of disentitling persons without accommodation from receiving the disability premium to which they would otherwise be entitled in their income support amounted to discrimination within art 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms but it was lawful as it could be justified on policy grounds.”

WLR Daily, 23rd October 2008

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.

Convicts push for benefits rights – BBC News

“Two inmates of Broadmoor secure mental hospital – convicted of murder and rape – are arguing for the right to claim full state benefits.”

Full story

BBC News, 19th September 2008

Source: www.bbc.co.uk

Killer and rapist launch bid for state benefits – The Times

“A convicted murderer and a rapist have launched a High Court action that could see convicted serial killers including Beverley Allitt and Peter Sutcliffe receive thousands of pounds in benefits while still incarcerated.”

Full story

The Times, 19th September 2008

Source: www.timesonline.co.uk

Section 57 of the Criminal Justice and Immigration Act – draft regulations – Ministry of Justice

“A consultation on draft regulations made under section 57 of the Criminal Justice and Immigration Act 2008 regarding the disclosure of information from the Department of Work and Pensions and Her Majesty’s Revenue and Customs in order to facilitate the assessment of a defendant’s financial eligibility for legal aid at the magistrates’ court.”

Full story

Ministry of Justice, 26th August 2008

Source: www.justice.gov.uk

Regina (Heffernan) v Rent Service – Times Law Reports

Regina (Heffernan) v Rent Service

House of Lords

“Rent officers should not base a local reference rent on too large an area.”

The Times, 20th August 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

R (Heffernan) v Rent Service – WLR Daily

R (Heffernan) v Rent Service; [2008] WLR (D) 279

“Rent officers, in identifying the ‘locality’ under Sch 1, Pt I to the Rent Officers (Housing Benefit Functions) Order 1997, as amended, needed to assemble only enough ‘neighbourhoods’ to satisfy the requirements of para 4(6)(c). ‘A broad geographical area’ was misleading. ‘Neighbourhood’ was similarly not to be interpreted as comprising too large an area. The rent officer’s inquiry was restricted to the ‘facilities and services’ specified in para 4(6)(b).”

WLR Daily, 1st August 2008

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.

Welfare reform plan to get thousands to work – The Independent

“Radical plans to get hundreds of thousands of people off benefits and into work will be launched today by the Government.”

Full story

The Independent, 21st July 2008

Source: www.independent.co.uk

Drug users risk benefit cuts – The Observer

“The unemployed will be forced to declare drug or heavy drinking habits when they apply for benefits and will have payments cut if they give misleading answers, under government proposals which were announced yesterday.”

Full story

The Observer, 20th July 2008

Source: http://observer.guardian.co.uk

General Sir Richard Dannatt welcomes plan to increase payments to wounded troops – Daily Telegraph

“A package of welfare improvements for the military, including a doubling of compensation payments, has been welcomed by the head of the Army as ‘very good start’ towards giving the Armed Forces the treatment they deserve.”

Full story

Daily Telegraph, 18th July 2008

Source: www.telegraph.co.uk

Fraud: Whitehall ‘doomed to lose £1bn of benefit payments every year’ – The Guardian

“The Whitehall department fighting benefit fraud and error will always lose more than £1bn of taxpayers’ cash every year to cheats and through mistakes, the civil servant running the department tells MPs in a letter published today.”

Full story

The Guardian, 8th July 2008

Source: www.guardian.co.uk

Benefit fraud ‘needs firm action’ – BBC News

“The government needs to do more to prosecute suspected benefit fraudsters, MPs have said.”

Full story

BBC News, 8th July 2008

Source: www.bbc.co.uk

Hanoman v Southwark London Borough Council (No 2) – Times Law Reports

Hanoman v Southwark London Borough Council (No 2)

Court of Appeal

“Once a council tenant had served upon a council an operative notice of delay under the statutory right-to-buy scheme, rent paid by way of housing benefit counted towards the purchase price payable by the tenant for the council property.”

The Times, 24th June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Hanoman v Southwark London Borough Council (No 2) – WLR Daily

Hanoman v Southwark London Borough Council (No 2) [2008] EWCA Civ 624; [2008] WLR (D) 192

“Where a council tenant exercising his right to buy had served an operative notice of delay on the council, the housing benefit which he received counted as the payment of rent so as to reduce the purchase price for the purposes of ss 153A(5), 153B and 155(3A) of the 1985 Act, as amended.”

WLR Daily, 12th June 2008

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.

‘Crippled’ benefit fraud jailed – BBC News

“A man who said he could barely walk and claimed £90,000 in benefits has been jailed for 18 months after fraud inspectors filmed him playing football.”

Full story

BBC News, 6th June 2008

Source: www.bbc.co.uk

Benefits officers enlisted to tackle anti-social behaviour – The Independent

“Officials from housing benefits officers to TV licence inspectors are to be enlisted in the fight against anti-social behaviour, under plans unveiled today by Home Secretary Jacqui Smith.”

Full story

The Independent, 8th May 2008

Source: www.independent.co.uk

More lie detectors to curb fraud – BBC News

“Fifteen councils across Britain are to be offered lie detectors to help catch out benefit cheats who cost taxpayers up to £400m a year.”

Full story

BBC News, 7th May 2008

Source: www.bbc.co.uk

Mayor who refereed while on benefits faces jail – Daily Telegraph

“A town’s mayor is facing jail after being caught refereeing football matches while claiming more than £9,000 in disability benefits.”

Full story

Daily Telegraph, 22nd April 2008

Source: www.telegraph.co.uk


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