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On my original DLA award it states "For Life"
- originaldave
13 years 6 months ago #58057 by originaldave
Replied by originaldave on topic Re:On my original DLA award it states
Jeff1 wrote:
it will be a slow process of people going through the system apply appeal appeal to upper then possible legal action to create new case law
Hi, Can i just ask with the proposed PIP what happens to all existing case law on DLA cases that at present can be used to support a claimant at Appeals etc, We will have no PIP case Law to refer to, Best Wishes
it will be a slow process of people going through the system apply appeal appeal to upper then possible legal action to create new case law
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- Survivor
13 years 6 months ago #58059 by Survivor
Replied by Survivor on topic Re:On my original DLA award it states
When judges interpret statutes and regulations, they take into account relevant decisions relating to previous uses of the same words.
So if, for example, new regulations relating to PIP were to refer to needs being "continuous", the judges could look back at previous decisions relating to the use of that word and apply it to the new regulations.
On the other hand, if the new statute and new regulations refer to something not referred to in the old ones, such as (to take a silly example) "humungous needs", the judges would have to start from scratch and apply the normal, everyday meaning to the word (unless the statute or regulations defined it).
So if, for example, new regulations relating to PIP were to refer to needs being "continuous", the judges could look back at previous decisions relating to the use of that word and apply it to the new regulations.
On the other hand, if the new statute and new regulations refer to something not referred to in the old ones, such as (to take a silly example) "humungous needs", the judges would have to start from scratch and apply the normal, everyday meaning to the word (unless the statute or regulations defined it).
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- penthesili
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13 years 6 months ago #58106 by penthesili
Replied by penthesili on topic Re:On my original DLA award it states
The doctrine of legitimate expectation could apply very well to someone being hit with council care charges when they hadn't had to pay before due to their financial circumstances, which have stayed the same, and there's a letter from said council saying as much. Very good food for thought, Michael Beaumont, many thanks.
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- brickwall
13 years 6 months ago #58193 by brickwall
Replied by brickwall on topic Re:On my original DLA award it states "For Life"
Read but don't reply to posts as I am usually comfused and not very clever. I understand the Government can change the rules - I am one of those that now has to wait until 63 for my pension when I paid my stamps [full not at a reduced married womens rate] with the understanding I would receive my pension at 60. However, when a council from Birmingham tried to stop all care for disabled people except for those that were classed as 'critical' it was found to be illegal under the Discrimination Act. Surely the Government withdrawing benefits which are paid to people for their care needs is the same result and therefore why is this not illegal under the Discrimination Act - or am I being, as usual. confused and not very clever.
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- DRAGON2009
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13 years 6 months ago #58198 by DRAGON2009
Replied by DRAGON2009 on topic Re:On my original DLA award it states
The national insurance system is not truly a contract. The difference is a contract is entered into freely. Employees have no choice, they have to be 'in' to the national insurance schemeIt m,ay be superficially like a contract but it isn't one.
It could be said in a political context that the government are reneging on the national insurance contract but legally there isnt a case for breach of contract
It could be said in a political context that the government are reneging on the national insurance contract but legally there isnt a case for breach of contract
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- Gordon
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13 years 6 months ago - 13 years 6 months ago #58199 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:On my original DLA award it states "For Life"
brickwall
No it's not you, it's difficult to understand what's happening when the media don't understand them and therefore don't always post accurate reports.
Whilst the Birmingham case was with regard to the Discrimination Act, it wasn't a discrimination case, but a failure of procedure.
When a council or the government make a decision they are required to carry out an impact analysis with regard to minority groups, including the disabled. Birmingham CC either didn't do one or is was found to be inadequate, which is why they lost the case.
Unfortunately, the recent and proposed changes by the ConDems, have had an impact analysis, and whilst most here might disagree with the content, they are deemed to be legal.
Hope this explains it.
Gordon
No it's not you, it's difficult to understand what's happening when the media don't understand them and therefore don't always post accurate reports.
Whilst the Birmingham case was with regard to the Discrimination Act, it wasn't a discrimination case, but a failure of procedure.
When a council or the government make a decision they are required to carry out an impact analysis with regard to minority groups, including the disabled. Birmingham CC either didn't do one or is was found to be inadequate, which is why they lost the case.
Unfortunately, the recent and proposed changes by the ConDems, have had an impact analysis, and whilst most here might disagree with the content, they are deemed to be legal.
Hope this explains it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 13 years 6 months ago by Gordon.
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