Introduction
To Avoid the Error which ‘May Produce Hardship'
WELFARE BENEFITS AND TAX CREDITS
Which Benefits or Tax Credits?
- General
- Welfare Benefits in Family Cases: Scope of this Chapter
- The Benefits System for Single and Separating Parents
- Step 1: Is She a Single Parent?
- Step 2: Is She in Remunerative Work?
- Step 3: Does She Have Capital?
- Step 4: Coming From Abroad
- Step 5: Age
- Step 6: Housing
- Step 7: My Client is a Single Parent: Now which Benefit(s)?
- Step 8: My Client is no longer a Single Parent
Income Support and Income-based Jobseeker's Allowance
- Introduction
- Reform of Income Support for Families: 2004-2006
- Before you Calculate Income Support
- Calculating Income Support
- Income Support: How to Calculate your Client's Applicable Amount
- Income Support: How to Calculate Your Client's Income
- Being on Income Support: Increasing your Client's Net Income
- My Client's Children are Over 16: Can she still get Income Support?
Tax Credits
- Introduction
- Who's Entitled
- Claims
- Tax Credits: How to Calculate Your Client's Entitlement
- How are Tax Credits Paid?
- Recovery of Overpayments
- Tax Credits Issues Between Separating Couples
Paying for Housing Costs
- Introduction
- Rent and Council Tax: Housing Benefit and Council Tax Benefit
- Help with Mortgage Interest: Income Support and Income Based-JSA
- Issues Common to Housing Benefit and Income Support for Mortgage Interest
- Domestic Violence and Paying Two Sets of Housing Costs
Payments from the Ex-partner
- Introduction
- Income from the Ex-partner: What can he Pay Towards?
Child Benefit
- Introduction to Child Benefit
- Conditions of Entitlement for Child Benefit
- Changing Arrangements: The Transfer of Child Benefit
- Contact with HMRC Child Benefit Office
Benefit Decisions and Appeals: Challenging DWP, HMRC and Local Authority Benefit Decisions
- Introduction
- Decisions
- Internal Reconsideration
- Appeals
- Tribunals
- Challenging the Tribunal Decision
CHILD SUPPORT
Child Support: The Scheme
- Introduction
- General Principles of the Scheme
- Application for a Maintenance Calculation
- Maintenance Calculation
- Jurisdiction
- Child Support and the Family Courts
- Parentage
Variation Directions
- Introduction
- Application for a Variation Direction
- Cases for a Variation Direction
- Considerations for Agreement to a Variation
- Agreement to a Variation Direction
Revisions and Supersessions
- Introduction
- Revisions
- Supersessions
Enforcement
- Introduction
- Administrative Law And Private Schemes
- Child Support: Deduction from Earnings Orders
- ‘The Liable Person'
- Appeal Against a Deduction from Earnings Order
- Child Support: Liability Orders
- Liability Order: Passport to Enforcement
- Enforcement Following the Making of a Liability Order
- Committal and Disqualification from Driving
- County Court Enforcement
- ‘Private Enterprise'
- Private Law Enforcement
- Enforcement in Magistrates' Courts
- Enforcement in the High Court and County Courts
- ‘Family Proceedings' - Narrow and General
- Enforcement processes: family and civil
TRIBUNALS, CHILD SUPPORT APPEALS AND JUDICIAL REVIEW
Child Support Appeals
- Introduction
- Appeals to an Appeal Tribunal
- Child Support Commissioners
Judicial Review
- Introduction
- Grounds for Review: An Introduction
- Procedure
- Remedies
- Financial Redress for Maladministration
- Delay In Enforcement: Kehoe
Summary
- Draft Judicial Review Protocol Letters Before Claim
Appendices
- Judicial review protocol letter to solicitor for Secretary of State for Department of Work and Pensions
- Judicial review protocol letter to solicitor for Secretary of State for Department of Work and Pensions - including reference to special payments for redress for maladministration
Sschedule
HOUSING
The Owned Home and Married Clients
- Case Preparation Points
- Valuation Issues
- Is There a Right to Purchase a New Home?
- Shared Ownership Schemes
-
Mesher Orders
- Possible CGT Traps
- The Home on Bankruptcy
The Owned Home and Unmarried Clients
- Introduction
- The Express Trust
- The Resulting Trust
- The Constructive Trust
- Equitable accounting
- Proprietary Estoppel
- Schedule 1 to the Children Act 1989
The Rented Home
- Transferring Tenancies
- Entitlement to Public Re-housing
- Preserving a Tenancy
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