http://www.gofundme.com/bjjks4


Kirsten is a wonderful lady living with crippling rheumatoid arthritis. She was diagnosed as an infant, and has had countless surgeries. At this time, she is going in for surgery on her good arm (the other arm is basically non-functional due to the damage of RA). So after today, she will not be able to use her arms at all. She has a very small support system, and is basically alone. Except- she has a beautiful ten year old girl,  nicknamed Pickles, who struggles with her own demons. Pickles suffers from multiple childhood schizophrenic disorders. She has battled this her entire life, and in the last week she was admitted to a psychiatric ward after having another complete breakdown. Yesterday, we asked why she wanted to hurt herself. She said, “because I’m tired Mommy. I’m tired of the voices telling me I’m bad and that everyone would be happier if I was just dead. And I’m tired if always seeing scary things, and not having friends because everyone is afraid of crazy people like me.”

http://www.gofundme.com/bjjks4

UK BEDROOM TAX – Legal minimum size of a bedroom confirmed by appeal courts 16 September 2014 at 11:11


Legal minimum size of a bedroom confirmed by appeal courts

16 September 2014 at 11:11

This coalition government DO have a minimum room size and minimum room width and a detailed specification of what constitutes a bedroom and below is a game changer in the bedroom tax and especially in appealing this ill-conceived policy.

In the bedroom tax everything hinges on the term ‘bedroom’ as Housing Benefit is only reduced (the ‘bedroom tax’) if you have a spare bedroom. Nothing is deducted for a spare toilet or any other spare room, it is only on a spare bedroom, however defined.

Until now it has been believed there is no definition of the term bedroom and the DWP infamously issued the U6 HB circular in September 2013 to say a bedroom is merely a room that can accommodate a single bed.

Yet in August 2013 this coalition government put out a highly detailed definition of what is a single bedroom, a twin bedroom and a double bedroom.  A single bedroom the government say measures at least 75.55 square feet in floor space and includes:

  • A bed
  • A wardrobe
  • A chest of drawers
  • A bedside cabinet
  • A table and chair

And with access space in between the above so the bed can be made and the wardrobe can be accessed and also further activity space for which they give the example of room to get dried after a bath or shower and room in which to get dressed.

This is a game changer for the bedroom tax appeals.  The government cannot hide behind IDS’s nonsense and for me legal fiction that a bedroom is merely a room that can fit in a single bed and nothing more.

I am urging every bedroom tax affected household to ask their local council to review all of the 481,000 decisions in which a room is deemed to be a bedroom when it is less than this 75.35 square feet and / or is not of a size to accommodate all of the above items of normal bedroom furniture.  If your council does not revise its decision then I am urging all to formally appeal to a Tribunal on the ground that the disputed room is not a bedroom as it fails to meet the government’s own definition of a bedroom.

What does the Government’s definition say?

Fig 1 – The Requirement

hs requirements all

Note well point 1.3 above which says that ALL bedrooms should provide a minimum area and minimum width.

Figure 2 – The Minimum size and width

hs bedroom size

The minimum size in floor space of a SINGLE bedroom is 7.0 square metres or 75.35 square feet and the room must have a minimum width of 2.15 metres or 7 feet 1 inch.

A DOUBLE bedroom (or twin) needs to be 11 square metres or 118.41 square feet with a minimum width of 2.55 metres or 8 feet 5 inches.

Yet the government, this coalition government go much more detailed into what a bedroom is and needs to include and the above dimensions are minimums and assume a regular shaped room.  A bedroom needs to include typical items of bedroom furniture that a fair minded observer – the legal doctrine of the man on the Clapham omnibus – would include and say are reasonable in a single, twin or double bedroom

Figure 3 – What a bedroom must include according to Government

hs furniture schedule

The above is in list form but you can see a SINGLE bedroom has to have a bed, a wardrobe, a chest of drawers etc all of which have a typical size for a room to be deemed a bedroom according to this coalition government.  This is a government definition of bedroom lets not forget

The government also says there is a need for typical access and activity space in a bedroom

Figure 4 – Bedroom Furniture Schedule

hs bedroom space furniture

Comment

Everything hinges upon the definition of a bedroom in the bedroom tax and one of my earliest arguments back in January 2012 was how can you tax something you refuse to define?  Yet we have a government definition of what constitutes a bedroom and a definition which is the government’s position on what is a bedroom has been since at least at least August 2013 when they released it.

The DWP said in the bizarre U6 HB Circular of September 2013 that a bedroom is a room that can fit a single bed in it, just that and nothing more.  That has always been a nonsense and legal fiction yet some tribunal judges have ruled that way citing the absence of a definition of bedroom and going along with the knee jerk view the DWP expressed in the U6 of September 2013.

The DWP has also argued in seeking permission from the Upper Tribunal to appeal decisions it has lost that any room which is capable of being a bedroom is a bedroom and citing this U6 circular.  Yet the above is the coalition’s own definition of what a room needs to be to be capable of being deemed a (single) bedroom which it says is so much more than a room that can fit a single bed in it!

Where is this government definition to be found?

It is the “Housing Standards Review” from the Department of Communities and Local Government or CLG which is the government department that looks after housing.  In August 2013 they issued a consultation paper and with that part 2 was called “Illustrative Technical Standards” which contains all the drawings used here.

The Housing Standards Review is an attempt to set a national standard of minimum housing size and quite cynically some say it reduces the overall size of new properties.  However, that is another issue for another day notwithstanding that we have the smallest house sizes in Europe.  The real issue is that we do have a coalition government definition of bedroom and that is hugely significant.

The DWP cannot argue that the term bedroom’ is merely a room in which merely a single bed fits and nothing else.  They cannot state this is the government position because another government department and the one which is responsible for housing in CLG says a very different thing.

Some of the naysayers we chirp up that this is not a definition in legislation or regulations.  They are right it is not; yet the purpose of the Tribunal is to find fact in the absence of a definition in regulation or legislation and Tribunal judges rightly adopt a position of what would a reasonable fair minded person say is a bedroom – the legal doctrine of the man on the Clapham omnibus.

The phrase ‘man on the Clapham omnibus’ was reviewed by the UK Supreme Court in the case of Healthcare at Home Limited v. The Common Services Agency [2014] UKSC

“The Clapham omnibus has many passengers. The most venerable is the reasonable man, who was born during the reign of Victoria but remains in vigorous health. Amongst the other passengers are the right-thinking members of society, familiar from the law of defamation, the officious bystander, the reasonable parent, the reasonable landlord, and the fair-minded and informed observer, all of whom have had season tickets for many years”

Would the man on the Clapham omnibus, or a fair minded member of the public if you will, say a single bedroom for everyday use is a room with a bed a chest of drawers, a wardrobe and space to make the bed and to get dressed reasonable?  Yes he would.

This, in short, and there are many other arguments, is why this is a game changer.  It matters little that this definition is found in a document that aims to reduce overall property sizes or does it matter that it is not a definition found in legislation or regulations; we have a government definition and a highly detailed definition of the central question in the bedroom tax policy of what is a bedroom.  It is not an unreasonable definition and accords with what a reasonable person would say a bedroom is and constitutes and it comes from the same government that IDS is a part of.

It cannot hold that any Tribunal can accord with the narrow IDS view of a bedroom being a room with just a single bed in it and not can any local authority administering the scheme too.  Of course LAs will not change as it costs them too much to make a proper and legally reliable bedroom tax decision and it will only be the Tribunals which do give a legally reliable decision so the bedroom tax affected household will have to go to Tribunal to get one.  That will cost central government a fortune and if it does then that is its own and the First Tier Tribunals with their remit and purpose of fact finding are going to be very busy.

http://www.fbi.gov/news/pressrel/press-releases/fbi-announces-full-operational-capability-of-the-next-generation-identification-system


http://www.fbi.gov/news/pressrel/press-releases/fbi-announces-full-operational-capability-of-the-next-generation-identification-system.

FBI Announces Full Operational Capability of the Next Generation Identification System

Clarksburg, WVSeptember 15, 2014
  • Criminal Justice Information Services Division(304) 625-5820

The Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CJIS) Division announced today the achievement of full operational capability of the Next Generation Identification (NGI) System. The FBI’s NGI System was developed to expand the Bureau’s biometric identification capabilities, ultimately replacing the FBI’s Integrated Automated Fingerprint Identification System (IAFIS) in addition to adding new services and capabilities.

As part of NGI’s full operational capability, the NGI team is introducing two new services: Rap Back and the Interstate Photo System (IPS). Rap Back is a functionality that enables authorized entities the ability to receive ongoing status notifications of any criminal history reported on individuals holding positions of trust, such as school teachers. Law enforcement agencies, probation and parole offices, and other criminal justice entities will also greatly improve their effectiveness by being advised of subsequent criminal activity of persons under investigation or supervision. The IPS facial recognition service will provide the nation’s law enforcement community with an investigative tool that provides an image-searching capability of photographs associated with criminal identities. This effort is a significant step forward for the criminal justice community in utilizing biometrics as an investigative enabler.

This latest phase of NGI is only one portion of the FBI’s NGI System. Since phase one was deployed in February 2011, the NGI system has introduced enhanced automated fingerprint and latent search capabilities, mobile fingerprint identification, and electronic image storage, all while adding enhanced processing speed and automation for electronic exchange of fingerprints to more than 18,000 law enforcement agencies and other authorized criminal justice partners 24 hours a day, 365 days a year.

The CJIS Division serves as the focal point and central repository for criminal justice information services within the FBI. Formed in February 1992, CJIS is the largest division within the FBI and is responsible for the management of six major programs: Biometric Identification Services, the National Crime Information Center, the Uniform Crime Reporting Program, the National Instant Criminal Background Check System, the Law Enforcement Enterprise Portal, and the National Data Exchange.

 

Google denies breach after hackers leak millions of user logins


Google has denied that its computer systems were breached and downplayed the threat after hackers claimed to have leaked 4.9 million Gmail logins.

Hackers posted what they claimed were the email addresses, usernames and passwords of nearly five million Gmail customers, exposing them to identity theft.

42717_password.jpg

The data was first posted on a Bitcoin security forum called btcsec.com by a hacker using the name of “tvskit”, who claimed that 60% of the entries were valid.

But Google said the data is probably a collection of credentials from different sources, and that only 2% of the credentials were correct and an even smaller proportion could be used to access accounts.

“Our automated anti-hijacking systems would have blocked many of those login attempts,” the company’s spam and abuse team said.

The team added that the affected accounts were now protected as the account holders had been forced to change their passwords.

The cache of credentials is the third of its kind to appear on Russian internet forums in recent days, according to Ars Technica.

Files that allegedly contained the login credentials of 4.7 million Mail.ru and 1.3 million Yandex accounts were also leaked online.

http://www.computerweekly.com/news/2240230387/Google-denies-breach-after-hackers-leak-millions-of-user-loginshttp://www.computerweekly.com/news/2240230387/Google-denies-breach-after-hackers-leak-millions-of-user-logins

Harlech Joe | Joe Patton – My Cycling Adventures


National Cycling Route 82 is also known as Lon Las Cymru that leads from Holyhead to Chepstow on quiet roads, tracks or cycling paths over a distance of roughly 250 miles. Full details of the route can be found by visiting this website:http://www.sustrans.org.uk/ncn/map/route/lon-las-cymru-holyhead-cardiff-chepstow

I would normal cycle the 15 miles from my home in Harlech to Trawsfynydd and then cycle route 82 to Dolgellau.  Unfortunately Lon Las Cymru is currently closed north of Llandecwyn station and although a 3 mile traffic convoy is provided for motorists it is not helpful for cyclists to join the convoy cause further traffic delays. Fortunately a bike taxi service is operating to Trawsfynydd from Dyffryn Ardudwy, stopping at Barmouth, Dolgellau and Coed y Brenin. The service will run until October 2014 and full details can be found by visiting this websitehttp://www.southsnowdoniagreenway.co.uk/shuttlebus.html

via Harlech Joe | Joe Patton – My Cycling Adventures.

Scandal! Are These DWP Fat Cats The UK’s Biggest Benefit Scroungers?


Originally posted on the void:

Howard Shiplee relaxes after another exhausting day spending our money.

Howard Shiplee relaxes after another exhausting day spending our money.

At a time when disabled people are being driven from their homes due to the Bedroom Tax, DWP mandarins are being paid huge sums of our money to implement bungled welfare reforms.

The department have just released the salaries of their senior staff  and there is no sign of austerity for those running beneits system. Four senior staff are paid over £150,000 a year, with Universal Credit boss Howard Shipley the highest paid at a whopping £195,000 plus. This huge salary comes despite the fact Universal Credit has been a disaster and Shiplee is believed to have spent most of the year on the sick.

The gormless civil servant in charge of the DWP, Robert Devereux, is the second highest paid, earning a minimum of £180,000 per year. This is almost 50 times more than a single adult on…

View original 188 more words

Bedroom Tax ‘tormented cancer victim to death’ when she was forced to move home despite illness – Mirror Online


Bedroom Tax ‘tormented cancer victim to death’ when she was forced to move home despite illness – Mirror Online.

News that the end of the despised Bedroom Tax was in sight on Friday came too late for cancer victim Jan Mandeville, reports the Sunday People.

The 52-year-old grandmother’s funeral was on Thursday.

And, according to her family, her death was hastened when she was forced to move home despite her fatal illness.

Jan – who also suffered depression and fibromyalgia, making even basic movement painful – could not afford the extra rent on the two-bed flat she loved so she had to switch to a smaller property that she hated.

Her online diary reveals how she was tormented by the Bedroom Tax as well as her anger at the politicians she blamed.

Last year, Jan told how she fell into rent arrears following the housing benefit reforms which forced her to move home that year.

http://www.mirror.co.uk/news/uk-news/bedroom-tax-tormented-cancer-victim-4177135#ixzz3CdUvk1J5
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via Bedroom Tax ‘tormented cancer victim to death’ when she was forced to move home despite illness – Mirror Online.