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Supreme Court judges have criticised the benefit cap. The Supreme Court found that the policy failed to comply with Article 3 (1) of the UN Convention on the Rights of the Child. This article provides that “in all actions concerning children … the best interests of the child shall be a primary consideration”.
The Welfare Reform Bill has been the subject of much discussion at the Assembly of late. During the Bill's consideration and further consideration stages a number of amendments were tabled. The majority of these amendments did not pass as they did not have cross community support. The amended bill includes a duty on the Department for Social Devlopment to "ensure availability of advice and assistance" although an amendment to ensure that this advice was independent was negatived.
Our adviser recently helped a client who had left her previous employment due to constructive dismissal and whose claim for housing benefit was rejected as the decision maker felt that she was not “involuntarily unemployed”.
Housing Rights and the Law Centre welcome the opportunity to respond to this consultation . We have found that issues about rates, and help with rates, are becoming more of a priority for our clients; especially in debt cases. Non-payment of rates can lead to serious consequences such as bankruptcy, threat of homelessness and imprisonment. We also encounter many cases where the liability for rates between the landlord and tenant is unclear. In general, we support the Department proposal to introduce a new rate rebate scheme in line with UC. However, we do have a number of concerns with regards to backdating, appealing decisions and provision for hardship cases.
The Welfare Reform Bill will be subject to scrutiny in the Assembly next week. The Social Development Committee will meet on Monday morning for a departmental briefing on the bill from Ms Anne McCleary and Mr Michael Pollock from the Department for Social Development.
Mervyn Storey, Minister for Social Development, will reintroduce the Bill to the Assembly for consideration stage on the 10 February.
With Welfare Reform back on the Assembly’s agenda, we look at one of the biggest housing welfare changes; the extension of the Shared Accommodation Rate (SAR) of Local Housing Allowance (LHA) to applicants aged under 35. Ursula Toner explains which young tenants should be entitled to the one bedroom rate of LHA because they are exempt from the SAR.
A new statutory instrument takes effect on 20 January that will allow for the uprating of Local Housing Allowance by up to 4% in certain parts of Northern Ireland. This is to prevent certain areas becoming unaffordable to tenants in receipt of housing benefit.
Which areas will be affected?
This legislation provides for the LHA rate for the following size of dwelling in the following areas to be increased by up to 4%: