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Author: Neville Harris
Publisher: A&C Black
ISBN: 1782252754
Category : Law
Languages : en
Pages : 388
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Book Description
Approximately half of the total UK population are in receipt of one or more welfare benefits, giving rise to the largest single area of government expenditure. The law and structures of social security are highly complex, made more so by constant adjustments as government pursues its often conflicting economic, political and social policy objectives. This complexity is highly problematic. It contributes to errors in decision-making and to increased administrative costs and is seen as disempowering for citizens, thereby weakening enjoyment of a key social right. Current and previous administrations have committed to simplifying the benefits system. It is a specific objective of the Welfare Reform Act 2012, which provides for the introduction of Universal Credit in place of diverse benefits. However, it is unclear whether the reformed system will be either less complex legally or more accessible for citizens. This book seeks to explain how and why complexity in the modern welfare system has grown; to identify the different ways in which legal and associated administrative arrangements are classifiable as 'complex'; to discuss the effects of complexity on the system's administration and its wider implications for rights and the citizen-state relationship; and to consider the role that law can play in the simplification of schemes of welfare. While primarily focused on the UK welfare system it also provides analysis of relevant policies and experience in various other states.
Author: Neville Harris
Publisher: A&C Black
ISBN: 1782252754
Category : Law
Languages : en
Pages : 388
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Book Description
Approximately half of the total UK population are in receipt of one or more welfare benefits, giving rise to the largest single area of government expenditure. The law and structures of social security are highly complex, made more so by constant adjustments as government pursues its often conflicting economic, political and social policy objectives. This complexity is highly problematic. It contributes to errors in decision-making and to increased administrative costs and is seen as disempowering for citizens, thereby weakening enjoyment of a key social right. Current and previous administrations have committed to simplifying the benefits system. It is a specific objective of the Welfare Reform Act 2012, which provides for the introduction of Universal Credit in place of diverse benefits. However, it is unclear whether the reformed system will be either less complex legally or more accessible for citizens. This book seeks to explain how and why complexity in the modern welfare system has grown; to identify the different ways in which legal and associated administrative arrangements are classifiable as 'complex'; to discuss the effects of complexity on the system's administration and its wider implications for rights and the citizen-state relationship; and to consider the role that law can play in the simplification of schemes of welfare. While primarily focused on the UK welfare system it also provides analysis of relevant policies and experience in various other states.
Author: Carol Harlow
Publisher: Cambridge University Press
ISBN: 1107149843
Category : Law
Languages : en
Pages : 957
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Book Description
Contains a full account of administrative law in the context of social, political and economic forces shaping the law.
Author: Great Britain: Parliament: House of Commons: Work and Pensions Committee
Publisher: The Stationery Office
ISBN: 0215070593
Category : Social Science
Languages : en
Pages : 72
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Book Description
Reforms to the support provided for housing costs - including the Social Sector Size Criteria (SSSC) (also known as the "Bedroom Tax" and the "Spare Room Subsidy") and the household Benefit Cap are causing financial hardship to vulnerable people who were not the intended targets of the reforms and are unlikely to be able to change their circumstances in response. The SSSC is having a particular impact on people with disabilities who have adapted homes or need a room to hold medical equipment or to accommodate a carer. Anybody living in a home that has been significantly adapted for them should be exempt from the SSSC and all recipients of Carers Allowance where the carer lives with the disabled person should be exempt from the Benefit Cap. The Report further urges the Government to exempt all households that contain a person in receipt of higher level disability benefits (DLA or PIP) from the SSSC. Discretionary Housing Payments (DHPs) are only temporary, and whether or not a claimant is awarded DHP is heavily dependent on where they live because different local authorities apply different eligibility rules. Local authorities often have no option other than to place homeless households in expensive temporary accommodation and claimants can then fall within the scope of the Benefit Cap. Local authorities then often have to pay the shortfall for those affected by the Cap so there is no overall saving to public funds. All households in temporary accommodation should therefore also be exempt from the Benefit Cap.
Author:
Publisher: Oxford University Press
ISBN: 0192887793
Category : Law
Languages : en
Pages : 817
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Book Description
Blackstone's Employment Law Practice 2023 is a leading reference work, providing everything you need for bringing, defending, and appealing employment cases in a single volume, with an unbeatable combination of clear commentary and key legislation. This new edition offers up-to-date guidance from an eminent team of expert authors on the latest developments in substantive law, practice, and procedure in the employment tribunal and civil courts. The updates reflect changes in approach and new areas of litigation arising from Brexit and the pandemic, and an entirely new chapter on worker status. Further, the chapters on procedure have been updated with information about the use of CVP and other remote hearings, in anticipation that such practices will continue to expand in a post-pandemic landscape. Drawing together comprehensive coverage of practice and procedure in the employment tribunals, Employment Appeal Tribunal, and Central Arbitration Committee, Blackstone's Employment Law Practice 2023 is an essential purchase for employment practitioners.
Author: Charlotte O'Brien
Publisher: Bloomsbury Publishing
ISBN: 1509918531
Category : Law
Languages : en
Pages : 301
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Book Description
'In this important contribution to the analysis and construction of European Union citizenship, Charlotte O'Brien provides her characteristic blend of rigorous legal scholarship and compelling social vision. She identifies challenging questions about the relationship between justice and vulnerability that should concern the shaping of law at all levels of governance.' Professor Niamh Nic Shuibhne, University of Edinburgh 'Piercing the veil of well-known proclamations of “equality” and “non-discrimination”, in this intimate portrait of Union law O'Brien sounds a sobering wake up call. The Union, to the genuine surprise of some converted, is a powerful actor of injustice, failing the vulnerable Europeans at many a turn, blinded by its own proclaimed righteousness and goodness to be aware of the plight of those it lets down. The sooner we dispel the oxymoronic myth of a “market citizen” as a necessary tool of the uniquely benevolent EU internal market project, the sooner the process of healing the Union turning its back on the majority of Europeans can begin. This book is an important part of this beginning.' Professor Dimitry Kochenov, University of Groningen 'Doctrinal mastery. Intellectual rigour. Conceptual depth. Empirical enrichment. O'Brien's landmark text offers its readers all of these qualities. But she also writes with a clarity and honesty of purpose that is an inspiration to her readers. Particularly at a time when certain political actors seek to vilify “expertise”, Unity in Adversity is a testament to the value of independent and critical academic research.' Professor Michael Dougan, University of Liverpool The EU is at a crossroads of constitution and conscience. Unity in Adversity argues that EU market citizenship is incompatible with a pursuit of social justice, because it contributes to the social exclusion of women and children, promotes a class-based conception of rights, and tolerates in-work poverty. The limitations of EU citizenship are clearest when EU nationals engage with national welfare systems, but this experience has been neglected in EU legal research. Unity in Adversity draws upon the ground-breaking EU Rights Project, working first hand with EU nationals in the UK, providing advice and advocacy, and giving ethnographic insight into the process of navigating EU and UK welfare law. Its study of EU law in action is a radical new approach, and the case studies illustrate the political, legal and administrative obstacles to justice faced by EU nationals. Taken together, the strands demonstrate that 'equal treatment' for EU nationals is an illusion. The UK's welfare reforms directed at EU nationals are analysed as a programme of declaratory discrimination, and in light of the subsequent referendum, should be treated as a cautionary tale – both to the EU, to take social justice seriously, and to other Member States, to steer away from xenophobic law-making. Shortlisted for the 2018 BBC Thinking Allowed Award for Ethnography. Winner of the 2019 Hart-SLSA Book Prize.
Author: Se-shauna Wheatle
Publisher: Policy Press
ISBN: 1529220734
Category : Law
Languages : en
Pages : 272
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Book Description
Taking a unique and critical approach to the study of Public Law, this book explores the main topics in UK Public Law from a range of underexplored perspectives and amplifies the voices of scholars who are underrepresented in the field. As such, it represents a much-needed complement to traditional textbooks in Public Law. Including insights from a diverse list of contributors, the book: - Enriches students' understanding of the dynamics that emerge within public law; - Highlights the impact of historical and societal inequities on public law norms; - Demonstrates the ways in which those norms may impact minorities and perpetuate inequalities. With most chapters written by underrepresented or minoritised persons in the field, this text offers students a critical, rich, and insightful approach to public law.
Author: Ulrich Becker
Publisher: Nomos Verlag
ISBN: 3748912005
Category : Law
Languages : en
Pages : 393
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Book Description
Digitalisierung und die damit einhergehenden Veränderungen der Arbeitswelt stellen das Standardmodell der Beschäftigung als Basis von sozialen Sicherungssystemen zunehmend in Frage. Während sich eine wachsende Zahl an Veröffentlichungen mit deren Folgen für das Arbeitsrecht beschäftigen, bleibt bis heute das Sozialrecht weitgehend ausgeblendet. Das Buch schafft Abhilfe. Es beschäftigt sich mit den wichtigsten Herausforderungen für den sozialen Schutz durch Digitalisierung, dem Zugang zu Sicherungssystemen und deren Finanzierung am Beispiel der Plattformarbeit. Es gibt einen Überblick über nationale Lösungsansätze, analysiert dies in vergleichender Perspektive und stellt sie in einen transnationalen Kontext. Das Buch vereint Fallstudien aus Belgien, Italien, dem Vereinigten Königreich, den Niederlanden, Dänemark, Schweden, Spanien, Frankreich und Estland und behandelt die Herausforderungen, die Reformen für eine Standardsetzung auf EU-Ebene, für die Koordinierung innerhalb der EU und für ihr Verhältnis zum Steuerrecht ausgesetzt sind. Es vermittelt damit neue Einsichten, wie ein "Sozialrecht 4.0" aussehen sollte.
Author: Department Justice
Publisher: Createspace Independent Publishing Platform
ISBN: 9781500783945
Category :
Languages : en
Pages : 0
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Book Description
(a) Design and construction. (1) Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, if the construction was commenced after January 26, 1992. (2) Exception for structural impracticability. (i) Full compliance with the requirements of this section is not required where a public entity can demonstrate that it is structurally impracticable to meet the requirements. Full compliance will be considered structurally impracticable only in those rare circumstances when the unique characteristics of terrain prevent the incorporation of accessibility features. (ii) If full compliance with this section would be structurally impracticable, compliance with this section is required to the extent that it is not structurally impracticable. In that case, any portion of the facility that can be made accessible shall be made accessible to the extent that it is not structurally impracticable. (iii) If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would be structurally impracticable, accessibility shall nonetheless be ensured to persons with other types of disabilities, (e.g., those who use crutches or who have sight, hearing, or mental impairments) in accordance with this section.
Author: Great Britain
Publisher:
ISBN: 9780111531877
Category :
Languages : en
Pages : 72
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Book Description
Enabling power: Welfare Reform Act 2007, ss. 2 (1) (a) (c) (4) (a) (c), 3 (1) (c) (2) (b) (d) (3), 8 (1) to (3) (4) (a) (b) (5) (6), 9 (1) to (3) (4) (a) (b), 11A (5), 11B (2) (3), 11D (2) (d), 11E (1), 11H (5) (6), 11J (3) (4) (8), 17 (1) (2) (3) (a) (b), 18 (1) (2) (4), 20 (2) to (7), 24 (1) (2) (b) (3), 25 (2) to (5), sch. 1, paras 1 (3) (4), 3 (2), 4 (1) (a) (c) (3) (4), sch. 2, paras 1 to 4A, 5, 6, 9, 10 & Social Security Administration Act 1992, ss. 5 (1A), 189 (4) to (6), 191 & Social Security Act 1998, s. 21 (1) (a) & Welfare Reform Act 2012, sch. 5, paras 2 (3), 3. Issued: 10.12.2012. Made: -. Laid: -. Coming into force: 29.04.2013. Effect: None. Territorial extent & classification: E/W/S. For approval by resolution of each House of Parliament
Author: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1506
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Book Description
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
