CLM publishes new Casebase report on a decision to retrospectively charge the claimant for an overpayment of the One Parent Family Payment
Title of Payment: One Parent Family Payment
Keywords: One Parent Family Payment-Overpayment- Debt owed to the Department of Social Protection - Retrospective assessment – Appeal – Intreo Centre
This case relates to a review of a decision made in 2004 to retrospectively charge the claimant for an overpayment of the One Parent Family Payment (OPFP), and the decision eleven years later to commence recovery of that overpayment by way of involuntary deductions from her Jobseekers Benefit claim. In October 2015 the claimant sought the assistance of Kerry MABS (MABS). In accordance with the provisions of the Freedom of Information Act, 2014, MABS wrote to the Department of Social Protection (the Department) on her behalf, requesting all records relating to the decision that had the effect of raising the debt.
Ruling could have significant implications for separated parents’ entitlements
Analysis: department should have taken account of father’s joint custody
Judge finds in favour of separated father wrongly treated as single person
Edward Lattimore contacted CLM Northside in early 2013 following a Dublin City Council decision granting him the right to succeed to a tenancy to a one bedroomed home, but not to a tenancy which would allow him to remain in his three bedroomed family home of over 60 years.
Lattimore v Dublin City Council.
A separated father who has open and overnight access to his four children has brought a High Court constitutional challenge to the refusal to grant him adequate rent supplement to allow him rent a home large enough to accommodate them.
In a case with implications for the entitlements of one parent families in similar circumstances, the Dublin man, currently unemployed, argues he should not be treated as a single person in his rent supplement application.
Edward Lattimore had challenged Dublin City Council’s refusal to allow him succeed to the tenancy of a three-bedroomed house.
Edward Lattimore had challenged Dublin City Council's refusal to allow him succeed to the tenancy of a three bedroom house at Ennis Grove, Irishtown, Dublin.
An unemployed woman in dispute with Dublin City Council over arrears of rent has brought a legal challenge aimed at preventing the local authority from evicting her from what has been her family's home for more than two decades.
Some judges are refusing to grant eviction orders against troublesome local authority tenants, Dublin City Council has revealed.
Debtors Law found incompatible with constitution
Jailing breached constitution, Judge rules
The Law Centre instructed by Caroline McCann successfully challenged a threat of a month’s imprisonment for failure to pay a debt, and forced the state to change the law relating to the enforcement of debts.
Ms Lizette Uwimana v TLC Centre (Legal Island e-letter 15th April 2008)