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Case law

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

Solicitor Carmel Ferguson considers a decision of the UK High Court relating to a local authority's refusal to carry out a homelessness assessment. 

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Homelessness, Case law, Legal

The Supreme Court has delivered its judgment on the discriminatory impact of the bedroom tax.  The Court considered seven cases and decided that there was an "inexplicable inconsistency" in the policy's differing treatment of adults and children with disabilities.

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Benefits, Legislation, Welfare Reform, Case law

Carmel Ferguson, Solicitor with Housing Rights, analyses a recent decision from the Chancery Master which deals with a second charge lender’s rights to pursue possession proceedings in respect of a secured loan.

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Repossession, Case law, Legal

A judgment from the England and Wales Court of Appeal will be relevant to any social landlord wishing to recover possession of a dwelling due to a tenant’s alleged breach of tenancy conditions.  This judgment sets out guidance on:

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Repossession, Social Tenancies, Case law, Legal

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