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Finance on Family Breakdown for Low Income Families

Finance on Family Breakdown for Low Income Families

Name: Finance on Family Breakdown for Low Income Families
Brand: Family Law LexisNexis
SKU: 9780853089759
Price: 507.89 HKD
Availability: OutOfStock
Author: David Burrows; Helen Conway; John Eames
ISBN: 9780853089759

Edited by David Burrows · Helen Conway · John Eames

Family Law LexisNexis March 2006

Specifications

ISBN-13: 9780853089759
Publisher: Family Law LexisNexis
Publication: March 2006
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

Examines, in a single volume, the practicalities of the situation when a practitioner is faced with a low income client.

Lawyers dealing with the breakdown of families on low incomes are frequently required to advise on welfare benefits and related issues (for example, debt and housing) when considering what constitutes an appropriate financial settlement for the parties involved.

Finance on Family Breakdown for Low Income Families examines, in a single volume, the practicalities of the situation when a practitioner is faced with such a client. The scope of this work extends beyond traditional inter-spousal ancillary relief claims to consider such areas as child support, welfare benefits and tax credits. Structured examples throughout the text explore the different positions on family breakdown of married couples, unmarried partners and same sex couples.

The book is an invaluable source of law, fact and figures for all lawyers and welfare benefits advisers involved in this important and complex area of practice.

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

About the Author

David Burrows, Solicitor Advocate, Bristol
Helen Conway, Barrister, India Buildings, Liverpool
John Eames, Social Security Trainer, Express Training Associates, Bath

Reviews

"a comprehensive guide ... provides a resource that is not found elsewhere ... Not only does it state the law succintly but it takes the advisor through each step of the calculation"
The Law Teacher - The International Journal of Legal Education

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