At first blush, it may seem that the ECtHR's decision in Stec has opened up a simple route for successfully applying Hockenjos to all shared cases. Stewart Wright suggests that this is not the case and that such arguments remain difficult.
David Simmons examines the barriers to accessing means-tested benefits for full-time students who have to interrupt their studies because of pregnancy.
As part of the Government's 10-year strategy for childcare,1 Choice for parents, the best start for children: a ten year strategy for children, HMT, 2004 it consulted on measures intended to 'give parents more choice about how to balance their work and family responsibilities'.2 Work and Families: Choice and Flexibility A consultation document, February 2005 The Work and Families Act 2006 implements some of the measures set out in the Government's response to this consultation. The Act, together with a group of related statutory instruments,3 Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2006 (2006 No. 2014); Statutory Paternity Pay and Statutory Adoption Pay (General) and the Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) (Amendment) Regulations 2006 (2006 No. 2236); Statutory Maternity Pay, Social Security (Maternity Allowance) and Social Security (Overlapping Benefits) (Amendment) Regulations 2006 (2006 No. 2379) contains amendments to legislation relating to maternity, paternity and adoption benefits. Susan Mitchell outlines the main changes.
The Welfare Reform Bill was published on 4 July 2006. Amongst its foremost provisions are the basic rules concerning the employment and support allowance, which is expected to replace incapacity benefit and income support for incapacity from 2008. Drawing on the Bill and its predecessor, the Green Paper, Simon Osborne describes the main provisions and identifies some of the issues arising.
Simon Osborne describes the bizarrely complex rules regarding from whom a housing benefit overpayment is recoverable, and when appeals can be made.
A recent commissioner's decision has accepted that 'thinking' is a bodily function for the purposes of disability living allowance. Stewart Wright considers the decision and the case law which preceded it.
Edward Graham describes the report of MPs on complexity in social security.
David Simmons outlines the findings of the Work and Pensions Select Committee inquiry into the Government's proposed reform of incapacity benefits.
Pamela Fitzpatrick describes new regulations affecting the habitual residence test and in particular the right-to-reside element of the test.
Simon Osborne outlines new rules extending benefit entitlement for families that include a young person.
Pamela Fitzpatrick describes provisions on exporting certain benefits relating to disability within the EEA.
Pamela Fitzpatrick gives an overview of the new EC Residence Directive. A more detailed analysis of this Directive will follow in the next edition of the Welfare Rights Bulletin.
