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Top Other benefit issues topic #4328

Subject: "Social fund and RTR/HRT" First topic | Last topic
Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

Social fund and RTR/HRT
Mon 22-Feb-10 03:46 PM

In this decision (see todays rightsnet news story):

Tilianu V Social Fund Inspector & SS For Work and Pensions <2010> EWHC 213 (Admin)

the high court has dismissed an appeal against a decision of the social fund inspectors who refused a crisis loan by following the JC's lead about the claimant's right to reside.

In my copy of the CPAG handbook, the social fund is not listed as being a benefit affected by HRT...

I advise RTR failures to claim CL's all the time. Am I missing something?

  

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Replies to this topic
RE: Social fund and RTR/HRT, ariadne2, 22nd Feb 2010, #1
RE: Social fund and RTR/HRT, shawn, 23rd Feb 2010, #2
      RE: Social fund and RTR/HRT, shawn, 23rd Feb 2010, #3
           RE: Social fund and RTR/HRT, shawn, 24th Feb 2010, #4

ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: Social fund and RTR/HRT
Mon 22-Feb-10 06:03 PM

I can't see any reference to R2R in the Social Fund Directions for crisis loans.

  

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shawn
                              

editorial director, rightsnet
Member since
28th Jul 2005

RE: Social fund and RTR/HRT
Tue 23-Feb-10 09:01 AM

hi -

think maybe a badly worded judgment in places in that whilst they talk about right to reside in relation to the SF decision, what they really mean (!) is that the claimant had been found to be a person from abroad (who can only get a crisis loan for living expenses in a disaster)

indeed, whilst the Court says -


'The appropriate officer is bound to refuse a crisis payment in the absence of a disaster if the claimant has no right to reside.'
... the SFI had in fact said -

'As he has had a recent decision, refusing benefit on the basis of being a person from abroad, no crisis loan can be paid for living expenses.'
we'll tweak our news story to better reflect this ...

cheers - shawn


  

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shawn
                              

editorial director, rightsnet
Member since
28th Jul 2005

RE: Social fund and RTR/HRT
Tue 23-Feb-10 09:18 AM

hi ... we've tweaked our news story ... see what you think ... cheers -shawn

  

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shawn
                              

editorial director, rightsnet
Member since
28th Jul 2005

RE: Social fund and RTR/HRT
Wed 24-Feb-10 12:38 PM

me again !

... we've now added a link to the judgment from the rightsnet news story Whether formerly self employed EU nationals have the same rights to retention of worker status as former employees.

  

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Top Other benefit issues topic #4328First topic | Last topic