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When everyone has a home

028 9024 5640: Housing & Debt Helpline for Northern Ireland

Case law

The High Court in England and Wales has ruled that the government’s Universal Credit migration arrangements for people who had been in receipt of a Severe Disability Premium and who naturally migrated to Universal Credit before 16 January 2019 are unlawful.

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Benefits, Case law
Picture of British passport

The High Court of Justice in England has ruled that the government's Right to Rent scheme breaches human rights law and cannot be rolled out to Northern Ireland, Wales or Scotland without further evaluation. 

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Private Tenancies, Case law, Legal

In R (Safi) v The Borough Council of Sandwell [2018] EWCA 2876 the Court of Appeal for England and Wales clarified the factors which are relevant in determining whether a household is homeless for the purposes of section 175(3) of the Housing Act 1996.

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Outside NI, Homelessness, Case law, Legal

The High Court ruled today that the DWP's treatment of UC claimants who are paid twice in one assessment period is unlawful, with the judgment descriping DWP's approach as "odd in the extreme".

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Benefits, Welfare Reform, Case law, Legal

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
Image of housing benefit application form and electricity meter cards

The UK Upper Tribunal has found that a First Tier Tribunal erred in law by deciding that a person who sold his former home and rented it back could not receive Housing Benefit. In an important decision, the court ruled that the test of whether someone could continue to occupy their home without relinquishing ownership is one of practical compulsion, rather than legal compulsion and does not necessitate that the lender has started legal action to recover possession of the property.

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Benefits, Practical tips, Case law, Affordability, 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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