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03 December 2015
Issue: 7679 / Categories: Legal News
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Victory for unpaid carers

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
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
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