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When everyone has a home

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Case law

The Court of Appeal for England & Wales has found that a local authority failed to comply with its Public Sector Equality Duty and erred in its decision that an applicant for homelessness assistance was not homeless because it was reasonable to expect her to remain in her home. Victoria Taylor, a recent Queen's University Graduate who is currently undertaking an LLM in Human Rights and Criminal Justice and volunteering with Housing Rights, discusses the case. 

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Homelessness, Case law, Legal

The Department for Communities has issued guidance on the effect of a recent upper tribunal decision concerning the meaning of the phrase “A person is responsible for a child or qualifying young person who normally lives with them”, which appears in the Universal Credit legislation.

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Benefits, Practical tips, Case law, Legal

Carmel Ferguson LLB, discusses how Housing Rights successfully helped a client who was being evicted from his home by getting his tenancy declared as protected.

Practitioners will be aware that since the implementation of the Private Tenancies (Northern Ireland) Order 2006, no new protected tenancies can be created.

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Practical tips, Case law, Legal
As from the 8th January 2018 the rules concerning judicial review procedure have changed. On this date The Rules of the Court of Judicature (Northern Ireland) (Amendment) 2017 became operative and omitted reference to ‘promptly and in any event.’ 
 

The impact of this change

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Regulation, Case law, Legal

The Child Poverty Action Group successfully argued that the Department for Work and Pensions should not refuse claimants access to an appeal tribunal if they had failed to request a mandatory reconsideration of a benefit decision within a four-week time frame.

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Benefits, Welfare Reform, Case law, Legal
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A recent English High Court has provided some interesting observations in respect of the circumstances as to when a homeless decision can be revisited. Although the English position has variances to the law in Northern Ireland (NI), it does provide some useful guidance, and allows us the opportunity to look at aspects of the law in NI that are of relevance.

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Outside NI, Homelessness, Case law

The High Court of England and Wales has decided that applying the benefit cap to lone parents with children under the age of two has a discriminatory impact on children and is, therefore, unlawful.

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Benefits, Welfare Reform, Case law, Legal

Carmel Ferguson discusses an England & Wales Court of Appeal judgment which considered the question of when a residence should be treated as an individual’s principal home.

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Repossession, Case law, Legal

Back in November, we brought you news of two successful challenges to the “Bedroom Tax” size criteria policy in the UK Supreme Court. The success of these challenges resulted in new regulations, which expanded the circumstances in which a household is permitted an “additional” bedroom.

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Benefits, Welfare Reform, Case law

Housing Rights has been providing specialist advice to homeowners at risk of repossession for many years. One of the avenues open to certain people facing repossession is an argument that the loan they’ve entered into has created an “unfair relationship”. Solicitor Chris McGrath discusses how this argument can work as it is important that those advising in respect of mortgage lending have an understanding of the remit of the unfair relationship provisions

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Repossession, Practical tips, Case law, Legal

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