header-logo header-logo

Victory for unpaid carers

03 December 2015
Issue: 7679 / Categories: Legal News
printer mail-detail

The government acted unlawfully when failed to exempt unpaid carers for disabled family members from the benefits cap, the High Court has held.

In Hurley v Secretary of State for Work and Pensions [2015] EWHC 3382 (Admin), the court found that the secretary of state unjustifiably indirectly discriminated against unpaid carers, breaching their Art 14 rights under the European Convention on Human Rights by not considering the impact on disabled people.

To qualify for carer’s allowance, carers must provide upwards of 35 hours a week care to a severely disabled person who receives disability living allowance. The cared for person was given an exemption from the cap but the carer wasn’t. One of the claimants in the case became homeless as a result.

Rebekah Carrier, solicitor at Hopkin Murray Beskine, who acted for the claimants, says: “If [the claimants] are forced into stopping their important work as carers, the state will have to pick up the tab and arrange alternative care.”

Issue: 7679 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll