Inscrit le: 16 Avr 2018
|Posté le: Lun 16 Avr - 12:10 (2018) Sujet du message: DWP goes back to future benefits
|The government is back in court today in a second attempt to block a legal road used by many people to appeal against benefits decisions.
Last year, Politics.co.uk reported that the DWP was using the case of Jayson and Charlotte Carmichael, who successfully challenged the court at the Supreme Court, appeal.
The department lost the case but it is now dragging the Carmichaels back to court to appeal the decision.
"If we beat them this time, we hope the road will be protected," Jayson Carmichael told Politics.co.uk.
"We hope that it will be possible for us to claim the rights of the people."
The couple's legal battle against the courts of the United States.
The DWP appealed to the Supreme Court and considered the matter closed.
Several months later however, the DWP went back to court to argue that the first tier has no power to identify that legislation is incompatible with the Human Rights Act.
If the government is successful in its latest challenge it could have major implications for future welfare appeals.
Should the government win this case, it would severely curtail the powers of the social security court, "Lucy Cadd of Leigh Day solicitors, who is acting for the Carmichaels, said.
"The Court of First Instance of the United States of America" claimants in general. "
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