Search Results for: Welfare Reform Act 2012

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M and S, Regina (on The Application of) v London Borough of Haringey: Admn 7 Feb 2013

The claimants challenged changes to the system of housing benefits. Held: The claims were dismissed. Judges: Underhill J Citations: [2013] EWHC 252 (Admin), [2013] ACD 62 Links: Bailii Statutes: Welfare Reform Act 2012 Cited by: Appeal from – Stirling, Regina (on The Application of) v London Borough of Haringey CA 22-Feb-2013 The applicant sought judicial … Continue reading M and S, Regina (on The Application of) v London Borough of Haringey: Admn 7 Feb 2013

Stirling, Regina (on The Application of) v London Borough of Haringey: CA 22 Feb 2013

The applicant sought judicial review of the approach taken by the respondent to the Council Tax reduction scheme, following the abolition of Council Tax Benefit. They now appealed against rejection of that challenge. Held: The appeal failed. There is no general requirement that a consultation must present information about options that it has already been … Continue reading Stirling, Regina (on The Application of) v London Borough of Haringey: CA 22 Feb 2013

TP AR and SXC, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 3 May 2019

Challenge to Universal Credit transitional arrangements as discriminatory against severely disabled claimants. Held: The claim succeeded. Judges: Swift J Citations: [2019] EWHC 1116 (Admin), [2019] WLR(D) 267, [2019] PTSR 2123 Links: Bailii, WLRD Statutes: Welfare Reform Act 2012, Universal Credit Regulations 2013, Universal Credit (Transitional Provisions) Regulations 2014 Jurisdiction: England and Wales Benefits, Human Rights … Continue reading TP AR and SXC, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 3 May 2019

JS and Others, Regina (on The Application of) v Secretary of State for Work and Pensions and Others: QBD 5 Nov 2013

The claimants challenged the benefits cap introduced under the 2012 Act, saying that it was discriminatory, affecting more women than men. Mr Eadie QC submitted on behalf of the Secretary of State that, as ‘an international instrument with no binding effect in English law’, the Convention had no bearing on the case. Held: That suggestion … Continue reading JS and Others, Regina (on The Application of) v Secretary of State for Work and Pensions and Others: QBD 5 Nov 2013

FO v Secretary of State for Work and Pensions (UC): UTAA 25 Feb 2022

Claimant’s award of Universal Credit (UC) `closed’ by Department because partner had allegedly failed to accept her claimant commitments – Assertion and limited evidence provided to First Tier Tribunal by the Department in response to appeal – Welfare Reform Act 2012, section 4(1)(e) – Universal Credit Regulations 2013 reg 16(b) applied in context of Covid-19 … Continue reading FO v Secretary of State for Work and Pensions (UC): UTAA 25 Feb 2022

SK v Commissioners for Her Majestys Revenue and Customs and Secretary of State for Work and Pensions (UC) (Universal Credit): UTAA 19 Jan 2022

Universal credit – transition from tax credit – regulation 8 of the Universal Credit (Transitional Provisions) Regulations 2014 – basic condition in section 4(1)(c) of the Welfare Reform Act 2012 – is to be read for transitional purposes without reference to the qualifying regulations made under section 4(5)(a). Citations: [2022] UKUT 10 (AAC), [2022] WLR(D) … Continue reading SK v Commissioners for Her Majestys Revenue and Customs and Secretary of State for Work and Pensions (UC) (Universal Credit): UTAA 19 Jan 2022

Secretary of State for Work and Pensions v MM: SC 18 Jul 2019

This appeal relates to personal independence payment, which is a non-means tested allowance paid to certain people with long term health problems or disability. The appeal’s focus is upon one of the markers used to determine whether a claimant’s ability to live his or her daily life is limited, by his or her physical or … Continue reading Secretary of State for Work and Pensions v MM: SC 18 Jul 2019

DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 22 Jun 2017

The claim relates to the revised Benefit Cap which (among other exemptions) requires the parent in order to avoid the imposition of the cap to work at least 16 hours per week. The Benefit Cap was originally imposed by Sections 96 and 97 of the Welfare Reform Act 2012. These have been amended by the … Continue reading DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 22 Jun 2017

SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 18 Mar 2015

The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings of working households. The challenge was under the 1998 Act on the basis that … Continue reading SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 18 Mar 2015

DA and Others, Regina (on The Application of) v The Secretary of State for Work and Pensions: CA 15 Mar 2018

The claimants were lone parents of children of various ages. They complained that a benefits cap imposed by the respondent affected them unfairly. Held: ‘No one should underestimate the very real hardships caused by the imposition of the cap, and the particular circumstances of the individual claimants in this case bear witness to the harsh … Continue reading DA and Others, Regina (on The Application of) v The Secretary of State for Work and Pensions: CA 15 Mar 2018

DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 May 2019

Several lone parents challenged the benefits cap, saying that it was discriminatory. Held: (Hale, Kerr LL dissenting) The parents’ appeals failed. The legislation had a clear impact on lone parents and their children. The intention was to encourage claimants back into work. It was said that thus contradicted the other policy of providing no free … Continue reading DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 May 2019

Her Majestys Revenue and Customs v RS: UTAA 3 Dec 2021

Tax credits – Other – Welfare Reform Act 2012 (Commencement No.23 and Transitional and Transitory Provisions) Order 2015 (SI 2015/634) – Article 7(6) – Circumstances in which a person for whom tax credits have not been abolished may make a fresh claim for tax credits Universal credit – Other – Welfare Reform Act 2012 (Commencement … Continue reading Her Majestys Revenue and Customs v RS: UTAA 3 Dec 2021

SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions and Others: CA 21 Feb 2014

The claimants challenged the manner of implementation of a benefits cap under the 2012 Act, sayig that it was discriminatory. Lord Dyson MR, Longmore, Lloyd Jones LJJ [2014] PTSR 619, [2014] WLR(D) 91, [2014] EWCA Civ 156 WLRD, Bailii Benefit Cap (Housing Benefit) Regulations 2012, Welfare Reform Act 2012, European Convention on Human Rights 14 … Continue reading SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions and Others: CA 21 Feb 2014

Moseley, Regina (on The Application of) v London Borough of Haringey: SC 29 Oct 2014

Consultation requirements The claimant challenged a decision of the respondent reducing the benefits under the Council Tax Reduction Scheme reducing Council Tax for those in need, saying that the Council’s consultation had been inadequate. Held: The consultation was procedurally unfair because the consultation documentation gave a misleading impression in failing to mention other ways of … Continue reading Moseley, Regina (on The Application of) v London Borough of Haringey: SC 29 Oct 2014

Horton v Henry: CA 7 Oct 2016

No obligation on bankrupt to draw on pension fund The trustee in bankruptcy appealed against a decision dismissing his application for an income payments order pursuant to section 310 of the 1986 Act in respect of income which might become payable to the respondent from his personal pension policies, were he to exercise his contractual … Continue reading Horton v Henry: CA 7 Oct 2016

Corner House Research and Others, Regina (on the Application of) v The Serious Fraud Office: HL 30 Jul 2008

SFO Director’s decisions reviewable The director succeeded on his appeal against an order declaring unlawful his decision to discontinue investigations into allegations of bribery. The Attorney-General had supervisory duties as to the exercise of the duties by the Director. It had become clear that a continued investigation would threaten co-operation between the UK and Saudi … Continue reading Corner House Research and Others, Regina (on the Application of) v The Serious Fraud Office: HL 30 Jul 2008