Social security and welfare law Books

Book SynopsisEqual Justice Under Law is one of America''s most proudly proclaimed and widely violated legal principles. But it comes nowhere close to describing the legal system in practice. Millions of Americans lack any access to justice, let alone equal access. Worse, the increasing centrality of law in American life and its growing complexity has made access to legal assistance critical for all citizens. Yet according to most estimates about four-fifths of the legal needs of the poor, and two- to three-fifths of the needs of middle-income individuals remain unmet. This book reveals the inequities of legal assistance in America, from the lack of access to educational services and health benefits to gross injustices in the criminal defense system. It proposes a specific agenda for change, offering tangible reforms for coordinating comprehensive systems for the delivery of legal services, maximizing individual''s opportunities to represent themselves, and making effective legal services more afforTrade Review"Rhode has written an important, thoughtful, and well-argued book."--Law and Politics Book Review"What makes Ms. Rhode such an effective advocate is not the piercing nature of her salvos--which are lethal--but the abundance of support for her arguments. Access to Justice is thoroughly researched and finely written."--New York Law Journal"Deborah Rhode has jolted a million lawyers with a wake-up call. She urges them to open the doors to the unmet need for justice by most of the people who cannot afford their services. A challenging book for anyone, not just lawyers and law students, who believes that justice can be done if we have the will to pursue it."--Ralph Nader, Consumer Advocate"Deborah Rhode's Access to Justice offers a devastating and compelling depiction of the illusion of equal justice in the American legal system, not only for the poor, but for most Americans, and outlines a sensible and pragmatic roadmap for making the promise of equal justice for all a reality."--David Cole, author of No Equal Justice"Many critics of American law say the system is in crisis because it is flooded with frivolous claims. Deborah Rhode argues instead that the system is in crisis because it serves too few people, and serves the poorest of them, who are in the worst trouble, badly or not at all. If our society ever decides to make good on its promises of justice, this book will be an admirable manual and guide."-- Robert W. Gordon, Yale Law School"Based on decades of study, the book fights myths with facts, and offers a comprehensive look at the haphazard way Americans find help, or fail to, for their most serious legal problems. For anyone who really cares about the American system of justice, this beautifully written book is indispensable."--David Luban, author of Lawyers and JusticeTable of Contents1. Equal Justice Under Law: The Gap between Principle and Practice ; 2. Litigation and Its Discontents: Too Much Law for Those Who Can Afford It, Too Little for Everyone Else ; 3. Historical Perspectives: Legal Rights and Social Wrongs ; 4. Access to What? Law without Lawyers and New Models of Legal Assistance ; 5. Locked In and Locked Out: The Legal Needs of Low-Income Communities ; 6. Presumed Guilty: Class Injustice in Criminal Justice ; 7. Pro Bono in Principle and in Practice ; 8. A Roadmap for Reform

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Book SynopsisIntroduces the concepts of negligence, malpractice, and liability before turning to the subject of risk managementTrade ReviewWritten by one of our premier scholars in social work ethics, this book provides students and practitioners with a comprehensive view of the practical ways of addressing ethical issues in practice. It features the following seven key steps for ethical decisionmaking: consulting colleagues; accessing supervisors; integrating the NASW Code of Ethics into practice; keeping up-to date on relevant laws, policies, and regulations; reviewing professional literature; obtaining legal counsel; and carefully documenting decision-making steps-all essential skills for twenty-first-century social work practice. -- Michael J. Austin, Unviersity of California, Berkeley Frederic Reamer's work is a significant contribution to the field. Containing vital details on changing ethical issues and laws related to cybertherapy, social networking, social media, and healthcare ethics, this book is a must-have for practitioners and managers and is perfect for advanced classes in both clinical and administrative social work education. -- Deborah Borman, Northwestern University School of Law Original and authoritative... With its strong emphasis on prevention, and the sound promotion of a prophylactic perspective, Risk Management in Social World, in my judgment, will be accepted as the definitive text on the topic. Clearly written, with detailed notes and useful references, full legal citations, and a masterful application of our profession's Code of Ethics, Frederic Reamer's newest text quite simply is a gift to all of us who are members of the social work profession. Journal of Teaching in Social WorkTable of ContentsPreface 1. Professional Risk Management: An Overview Professional Malpractice and Liability Key Concepts in Risk Management The Elements of Malpractice and Liability Process Versus Outcome and the Standard of Care Damages in Liability Cases 2. Confidentiality and Privileged Communication The Concept of Privacy Common Confidentiality Issues The Concept of Privileged Communication Responding to Subpoenas and Court Orders Unintentional Disclosure of Confidential Information 3. The Delivery of Services Clients' Rights Informed Consent Clinical Assessment and Intervention Negligent Intervention Boundary Issues and Dual Relationships Managing Boundary Risks Undue Influence Suicide Involuntary Civil Commitment Protective Services Defamation of Character Digital Technology and Social Media 4. Impaired Social Workers The Nature of Impairment Extent of Impairment Causes of Impairment Sexual Abuse of Clients Practitioner Substance Abuse Response to Impairment Risk Management Strategy The Challenge for Social Work 5. Supervision: Clients and Staff Client Supervision Staff Supervision Supervision Case Law Supervision of Volunteers Liability and Social Work Education Preventing Supervisory Liability 6. Consultation, Referral, Documentation, and Records Consultation in Social Work Referral in Social Work Social Work Documentation and Records Evolution of Social Work Standards Risk Management Standards and Guidelines 7. Deception and Fraud Self-interested Deception and Fraud Deception and Fraud Motivated by Altruism 8. Termination of Service The Concept of Abandonment Premature Termination Prevention Strategy 9. Responding to Lawsuits and Ethics Complaints: The Role of Prevention In the Event of a Lawsuit or Licensing Board Complaint The Role of the Expert Witness Preventing Lawsuits and Licensing Board Complaints: Good Practice Preventing Lawsuits and Licensing Board Complaints: Good Ethics Ethical Dilemmas and Decision Making Conducting an Ethics Audit Appendix: Sample Forms Notes References Legal Citations Index

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Book SynopsisGene Therapy Technologies, Applications and Regulations From Laboratory to Clinic Edited by Anthony Meager Division of Immunobiology, The National Institute for Biological Standards and Control, South Mimms, UK The development of gene-based technologies has been rapid over the past decade and has consequently resulted in a surge of interest in human gene therapy, the deliberate transfer of genes to somatic cells to cure or alleviate disease symptoms. Hundreds of clinical protocols involving variously designed vectors for efficient gene transfer have been developed. However, the use of such complex ''gene medicines'' containing potentially heritable genes has raised numerous concerns regarding quality, efficacy and safety. Encompassing recent developments in the field and addressing current concerns this book: * surveys many of the current technologies for preparing vectors for use in gene therapy protocols * reviews the application of gene-mediated therapies to a range of medicTrade Review"It succeeds in putting together, possibly for the first time, gene therapy vectors, clinical applications, and regulatory production issues." --Human Genetics, April 2000Table of ContentsCationic Liposomes for Gene Therapy Applications (J. Clancy & E. Sorscher). DNA Condensation and Receptor-mediated Gene Transfer (A. Ziady & T. Ferkol). Retroviral Vectors (W. Günzburg & B. Salmons). Lentiviral Vectors (A. Lever). Adenoviral Vectors (S. Connelly). Adeno-associated Viral Vectors (T. Flotte & B. Carter). Advances in Engineering HSV Vectors for Gene Transfer to the Nervous System (M. Soares, et al.). Mammalian Artificial Chromosomes: Prospects for Gene Therapy (T. Ebersole & C. Farr). Gene Therapy for Severe Combined Immunodeficiency (A. Thrasher, et al.). Gene Therapy for Haemophilia (R. Hoeben, et al.). Cystic Fibrosis: Gene Therapy Approaches (N. Caplen). Therapeutic Approaches to Haemoglobinopathies (Y. Beuzard). Gene Therapy Approaches to Duchenne Muscular Dystrophy (S. Murphy & G. Dickson). Lysosomal Storage Diseases (L. Lashford, et al.). Prospects for Gene Therapy of HIV Infections and AIDS (C. Lee, et al.). The Developemnt of the Regulatory Process in Europe for Biological Medicines: How it Affects Gene Therapy Products (A. Meager, et al.). Developement and Regulation of Gene Therapy Drugs in Germany (K. Cichutek). The Transfer of Technology from the Laboratory to the Clinic: In Process Controls and Final Product Testing (F. Borellini & J. Ostrove). Good Laboratory Practice in the Research and Development Laboratory (A. Shepherd). Facilities for Large-scale Production of Vectors Under GMP Conditions (J. Boyd). Addendum. Index.

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Book SynopsisThe form and content of court proceedings is generally considered unsuitable for children. Based on a study exploring the law and practice of representation, this text examines various approaches to the place of children in the proceedings, and contrasts them with the views of the children.Table of ContentsCare Proceedings Listenting to Children - Theoretical Issues Children s Agenda The System s Agenda Becoming a Representative; Representing Children The Children s Agendas Revisited Policy and Practice Issues Appendix I: An Outline of the Research Methods Appendix II: Pen Pictures of the Children in the Study.

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Book SynopsisTrade Review"Winner of the Gladys M. Kammerer Award, American Political Science Association""Winner of the William G. Bowen Book Award, Industrial Relations Section of Princeton University""With lucid prose and compelling logic, Arnold provides a masterclass of the application of theory to practical problem-solving. Fixing Social Security exemplifies the best of what political science has to offer to policy analysis—it is the rare book that offers as much to scholars as it does to practitioners, and we recommend it to all interested in the intersection of politics and policymaking." * winning citation, Gladys M. Kammerer Award, American Political Science Association *

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Book Synopsis Pauper policies examines how policies under both Old and New Poor Laws were conceived, adopted, implemented, developed or abandoned. The book engages with recent literature on the experience and agency of poor relief recipients, and offers a fresh perspective on poor law administration. Through a ‘policy process’ approach, the author exposes several significant areas of poor law history that are currently unknown or poorly understood, each of which is explored in a series of thematic chapters. This volume contains important new research on: the adoption and implementation of enabling acts at the end of the Old Poor Laws, Gilbert’s Act of 1782 and Sturges Bourne’s Acts of 1818 and 1819; the exchange of knowledge about how best to provide poor relief in the final decades of the Old Poor Law and formative decades of the New; and the impact of national scandals on policy-making in the new Victorian system. It points towTrade Review'Pauper policies presents exciting new research on the English Poor Laws before and after the Amendment Act of 1834. This original study of an institution that lay at the heart of life for many centuries is empirically rich and analytically engaging. Shave’s book provides a superb example of how painstaking archival work opens the possibility of deeper understanding of a wide range of cognate areas of social and political life. Beautifully written and clearly argued, this is an excellent addition to the scholarship.'Professor Emma Griffin, University of East Anglia‘The book is an excellent addition to the historiography. It is well written and researched and contains important new findings on several key topics that have largely been ignored by historians.’Dr Joseph Harley , Reviews in History‘Samantha Shave has written one of the most original books on the English Poor Law in years: she has taken topics we thought we knew well, such as Gilbert’s Act, and given them new and insightful treatment.’Professor Alannah Tomkins, Keele University, Rural History, (2018)‘What emerges from this exceptionally rich and detailed research is a thorough and grounded understanding of how poor law administration developed across large swathes of southern England stretching from Sussex in the east through to Somerset in the west. It is a very significant and highly original contribution to an already considerable body of work on the English poor law.’Professor David Green, King’s College London‘Shave’s book is a welcome addition to the study of poor law administration, as her research gives an unexplored region of Britain worthy representation. In doing so, we gain an understanding of the people that held the decision-making power over the lives of the poor, and how their position could frame pauper policies. This book will be valuable reading for scholars of poverty and welfare throughout the period, and also to those researching the South West, to gain an understanding of the figures that prevailed over those belonging to the lowest classes.’Cara Dobbing, University of Leicester, Local Population Studies 100 (2018)‘This well-written book will appeal to any with an interest in the poor laws, whether they have a top-down or bottom-up approach. By rehabilitating poor law policy development, dissemination and implementation as worthwhile objects of study, Shave shows the continued importance of the local in shaping the relief environments which paupers experienced.’Douglas Brown, Kingston University, Family & Community History, Vol. 21/2, July 2018 -- .Table of ContentsIntroduction: pauper policies1. A policy process approach to the poor laws2. Gilbert's Act: workhouses for the vulnerable3. Restricting relief: the impact of Sturges Bourne's reforms4. Policies from knowledge networks5. Policies from scandal6. Conclusion: reform and innovation AppendixSelect bibliographyIndex

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Book SynopsisThis book is an authoritative and comprehensive analysis of the legal principles underlying entitlement to compensation for those injured or killed in the service of their country. It is also a practical and accessible guide for all those concerned in bringing and dealing with war pensions and armed forces compensation claims and appeals.Trade Review 'This is an excellent publication and it should be close at hand for any practitioner advising personnel in personal injury, employment and occupational claims.' From review of second edition in Law Society Gazette.Table of ContentsPreface to the Second Edition Preface to the First Edition Table of Court and Nominated Judges’ Decisions Table of Commissioners’ and Upper Tribunal Decisions Table of Statutes Table of Statutory Instruments Table of Practice Statements Table of Conventions Citation of Cases PART I WAR PENSIONS 1 War Pensions – A Historical Introduction 2 Claiming a War Pension 3 Entitlement to War Pension – General Principles 4 Claims for Disablement or Death within 7 Years of Termination of Service – Article 40 of the SPO 2006 5 Claims for Disablement or Death more than 7 Years after Termination of Service – Article 41 of the SPO 2006 6 Review of War Pensions Decisions and Awards 7 Commencing Dates of Awards 8 The Basic Award and the Assessment of Disablement 9 Other Awards in Respect of Disablement 10 Awards in Respect of Death 11 Reduction and Cancellation of Awards PART II ARMED FORCES COMPENSATION 12 The Armed Forces Compensation Scheme 13 Claiming Armed Forces Compensation 14 Entitlement to Armed Forces Compensation – General Principles 15 Exclusions from Entitlement 16 Adjudication 17 Review of Armed Forces Compensation Scheme Decisions 18 Injury Benefits – The Tariff 19 Injury Benefits 20 Death Benefits 21 Adjustment and Cessation of Benefit 22 Modifications for Reserve Forces PART III ADMINISTRATION AND ADJUDICATION 23 Administration of Benefits 24 Appeal Tribunals 25 Rights of Appeal 26 Bringing an Appeal 27 Case Management 28 The Hearing 29 Powers of the Tribunal on an Appeal 30 The Decision 31 Correcting, Setting Aside and Reviewing Decisions 32 Appeals to the Upper Tribunal 33 Appeals to the Northern Ireland Pensions Appeal Commissioners APPENDICES 1 Schedule 1 to the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (SI 2006/606) (as amended) 2 Schedule 2 to the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (SI 2006/606) (as amended) 3 Schedule 3 to the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (SI 2011/517) (as amended) Index

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Book SynopsisWith welfare to work programmes under intense scrutiny, this book ranges widely across Europe to review existing policies and explore future ones. It shows how many schemes do not adequately address social rights and lived experiences, and consider alternatives based on theories of non-domination.Table of ContentsWelfare to work, social justice and domination: an introduction to an interdisciplinary normative perspective on welfare policies ~ Anja Eleveld, Thomas Kampen and Josien Arts PART I: Legal perspectives Workfare’s persistent philosophical and legal issues: forced labour, reciprocity and a basic income guarantee ~ Amir Paz-Fuchs The right to work: a justification for welfare to work? ~ Elise Dermine Limitation of welfare to work: the prohibition of forced labour and the right to freely chosen work ~ Elise Dermine The duty to work as precondition for human dignity: a Swiss perspective on work programmes ~ Melanie Studer and Kurt Pärli The prohibition of forced labour and the right to freely chosen work: a comparison of Denmark, the Netherlands and the UK ~ Anja Eleveld, Neville Harris and Christian H. Schøler PART II: Sociological perspectives Implementing social justice within activation policies: the contribution of the capability approach ~ Jean-Michel Bonvin and Luca Perrig The silent expansion of welfare to work policies: how policies are enhanced through the use of categorizations, evidence-based knowledge and self-governance ~ Mathias H. Nielsen, Sophie Danneris and Niklas A. Andersen Questions of conduct and social justice: the ethics of welfare conditionality within UK social security ~ Peter Dwyer Pressing, repressing and accommodating: local modes of governing social assistance recipients in welfare to work programmes in the Netherlands ~ Josien Arts Left in limbo: social assistance recipients' evolving views on the fairness of workfare volunteerism ~ Thomas Kampen PART III: Philosophical perspectives Welfare to work and the republican theory of non-domination ~ Anja Eleveld Unconditional basic income and duties of contribution: exploring the republican ethos of justice ~ Simon Birnbaum Freedom, exit and basic income ~ Stuart White Conclusion: exit, voice and the minimization of domination in welfare to work relationships ~ Anja Eleveld

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Book SynopsisCovering a range of criminal justice and social policy issues, this book explores how governments and Parliament justify their legislative choices under the Charter of Rights and Freedoms.Table of ContentsIntroduction 1. Institutional Relationships, Executive Dominance, and Legislating under the Charter 2. “Vetting”: Analyzing Bureaucratic and Executive Assessments of Rights Compatibility 3. The Legislative Process and Charter Rights: Criminal Justice Policy and the Harper Government 4. Legislative Responses under the Charter: Harm Reduction and Drug Policy 5. Legislative Responses under the Charter: Sex Work Policy 6. Legislative Responses under the Charter: Medical Assistance in Dying Policy 7. Transparency, Accountability, and Robust Legislative Scrutiny on Rights: Possibilities for Reform? Conclusion Notes Selected Bibliography Index

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Book SynopsisLegislating under the Charter explores how governments and Parliament justify limitations on rights when advancing laws that raise rights concerns or when responding to judicial decisions under the Canadian Charter of Rights and Freedoms.Through an analysis of legislation concerning criminal justice policy, the approval of new safe consumption sites, sex work, and medical assistance in dying, the book provides a detailed analysis of the extent and nature of parliamentary deliberation about rights, the extent to which government initiatives are properly scrutinized, and the broader institutional relationships under the Charter. The authors draw from a host of qualitative data, including research interviews and examination of judicial decisions, various bills under study, Hansard debates from the floor of the House of Commons, committee and Senate scrutiny of legislation, bureaucratic advice and Charter statements by the department of justice, and news media coverage.<Table of ContentsIntroduction 1. Institutional Relationships, Executive Dominance, and Legislating under the Charter 2. “Vetting”: Analyzing Bureaucratic and Executive Assessments of Rights Compatibility 3. The Legislative Process and Charter Rights: Criminal Justice Policy and the Harper Government 4. Legislative Responses under the Charter: Harm Reduction and Drug Policy 5. Legislative Responses under the Charter: Sex Work Policy 6. Legislative Responses under the Charter: Medical Assistance in Dying Policy 7. Transparency, Accountability, and Robust Legislative Scrutiny on Rights: Possibilities for Reform? Conclusion Notes Selected Bibliography Index

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Book SynopsisThis book presents a socio-legal examination of national and devolved-level developments in social protection in the UK, through the eyes of politicians and officials at the heart of this process. Since its inception in 1998, devolution has altered the character of the UK welfare state, with dramatic change in the 10 years since 2010. A decade of austerity at national level has exposed diverging view in how governments in London, Edinburgh and Belfast view the social rights of citizenship. This political divide has implications for both social security law, as the devolved countries begin to flex their muscles in this key area for citizens’ economic welfare, and the constitutional settlement. The book reflects on the impact of austerity, the referendum on Scottish independence and subsequent changes to the devolution settlement, Northern Ireland’s hesitant moves away from parity with Westminster in social protection, withdrawal from the European Union (Brexit), and the possible retreat from austerity during the COVID-19 pandemic. The social union may or may not be weakening; its character is unquestionably changing, and the book lays bare the ideological and pragmatic considerations driving legal developments. TH Marshall’s theory of citizenship provides the lens through which these processes are viewed, while itself being reinterpreted in light of the national government’s increasing delegation of responsibility for social rights – whether to individuals, the voluntary sector or lower tiers of government.Trade ReviewWhatever the outcome of current constitutional debates, the questions raised by devolution for social citizenship in general and social security in particular are likely to grow increasingly pertinent. This book provides a valuable signpost to the theoretical and policy issues it poses. -- Ruth Lister * Journal of Social Security Law *This is a path-breaking book that makes an important contribution to our understanding of recent developments in social security. * Journal of Law and Society *Table of Contents1. Introduction: Social Citizenship in an Age of Welfare Regionalism Introduction Social Citizenship Social Security and Multi-level Governance The Social Union and Welfare Regionalism Enter Coronavirus A Socio-legal Study of Social Citizenship Structure of the Book 2. A Socio-legal Perspective on Social Citizenship Introduction Marshall’s Theory of Citizenship: From Civil Rights to a ‘Right to Welfare’ Sources of Rights: Why Citizenship? On the Nature and Enforceability of Social Rights Conclusion 3. Social Citizenship and Multi-level Governance Introduction Social Citizenship and Multi-level Governance The Welfare State in the UK’s Devolution Settlement Towards Devolved Approaches to Social Security Conclusion 4. Twenty-first-century Welfare and the UK Model of Social Citizenship Introduction The Legislative Development of the Twenty-first-century Welfare State Implications for Social Citizenship Social Citizenship in a Pandemic Conclusion 5. Constructing Devolved Social Citizenships: Divergence from the UK Model of Social Security Introduction A Devolved-level Vision for Social Citizenship? Developing Social Security Policy and Systems Divergence in Devolved Social Security Benefits Administration, Service Delivery and Culture Conclusion 6. Rights and ‘Fairness’ in UK and Devolved Social Citizenships Introduction Human Rights and UK Social Security Human Rights in Devolved Social Security Fairness – To Whom? Conclusion 7. The Foundations of Devolved Social Citizenships Introduction Socio-economic Factors Ideological Factors Institutional Factors Conclusion 8. Social Citizenship and the Constitutional Future of the UK: Welfare Unionism, Nationalism and Regionalism Introduction Which Nation? National Identity as Ideological Identity Welfare Unionism, Nationalism and Regionalism An ‘Enduring Settlement’ Achieved? Conclusion 9. Towards Devolved Social Citizenships: How Far Have We Come and Where Are We Going? Introduction Scotland: From Principles to Practice Northern Ireland: Commitment to Parity Wanes, the Practice of Parity Remains Forces for Parity Policy Learning between Northern Ireland and Scotland Conclusion 10. Conclusion: The State of the Social Union Introduction Trajectories in Social Citizenship(s) A Vision for Social Citizenship – Or Visions for Social Citizenships? Still a UK Social Security System? The Social Union and the Political Union Marshall’s Theory of Citizenship in a Regionalised Welfare State Reflections

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Book SynopsisAdult Protection and the Law in Scotland is an authoritative resource for professionals navigating the complex framework of adult protection law and practice. The Third Edition fully updates the text and includes coverage of: - The evolving understanding of wider types of harm such as hoarding behaviour and coercive control- The Revised Codes of Practice on the Adult Support and Protection (Scotland) Act 2007 and Adult Protection Committees- Human rights developments, including incorporation of the UN Convention on the Rights of the Child, authorisation of deprivation of liberty, issues with use of section 13ZA of the Social Work (Scotland) Act 1968, and local authority applications for guardianshipThis book is an indispensable guide to adult protection legislation for solicitors, social workers, mental health officers, independent advocates and care providers. This title is included in Bloomsbury Professional's Scottish Law Service, Scots Law Student Service and Scottish General P

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Book SynopsisHow are poverty and social inequality entrenched through a failing justice system? In this important book, Jon Robins and Daniel Newman examine how the lives of people already struggling with problems with their welfare benefits, jobs, housing and immigration are made much harder by cuts to legal aid and the failings of our creaking justice system. Over the course of 12 months, interviews were carried out on the ground in a range of settings with people as they were caught up in the justice system, in a range of settings such as foodbanks in a church hall in a wealthy part of London; a community centre in a former mining town; a homeless shelter for rough sleepers in Birmingham; and a destitution service for asylum seekers in a city on the South coast, as well as in courts and advice agencies up and down the country. The authors argue that a failure to access justice all too often represents a catastrophic step in the life of the person concerned and their family. This powerful, yet moving, account humanises the hostile political debates that surround legal aid and reveals what access to justice really means in Austerity Britain.Trade Review“[This] powerful and important book shows the human impact of austerity… should be read by all politicians and policy advisers.” The Times“The authors are clear: legal aid in its old form has gone and ain’t coming back… We need new thinking, and this book gives a solid base to begin.” New Law Journal“A powerful case for better legal aid.” Law Society Gazette“The skill with which the authors interweave background information… with first-hand accounts of the struggling legal system, is masterful. The aim of this book is not simply to reveal the impact of Austerity on the legal system, and persons living in poverty, although it does a brilliant job of that. The authors endeavour also to offer a sense of a way forward.” Frontiers of Socio-Legal StudiesTable of ContentsConveyor Belt Justice In the Shadow of Grenfell On the Streets Christmas at the Foodbank Meeting the Real ‘Daniel Blakes’ Caught in a Hostile Environment Deserts and Droughts Heading for Breakdown Death by a Thousand Cuts A Way Forward

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Book SynopsisThe effects of COVID-19 are visited disproportionately on the already disadvantaged. This important text maps out ways in which those already disadvantaged have been affected by legal responses to COVID-19. Contributors tackle issues including virtual trials, adult social care, racism, tax and spending, education and more. They reflect on the implications of COVID-19 and express concerns with policy and practice developments and with the neutral version of the law and the economy which has taken root. Drawing on diverse resources, this text offers an account of the damage caused by legal responses to the pandemic and demonstrates how the future response can be positive and productive.Table of ContentsIntroduction ~ Dave Cowan and Ann Mumford Part 1 ~ Justice Ruling the Pandemic ~ Dave Cowan Remote Justice and Vulnerable Litigants: The Case of Asylum ~ Nick Gill Virtual Poverty? What Happens When Criminal Trials Go Online? ~ Linda Mulcahy Genera-Relational Justice in the COVID-19 Recovery Period: Children in the Criminal Justice System ~ Kathryn Hollingsworth Racism As Legal Pandemic: Thoughts on Critical Legal Pedagogies ~ Foluke Adebisi and Suhraiya Jivraj Rights and Solidarity During COVID-19 ~ Simon Halliday, Jed Meers and Joe Tomlinson COVID-19 PPE Extremely Urgent Procurement in England: A Cautionary Tale for an Overheating Public Governance ~ Albert Sanchez-Graells Part 2 ~ the Social Accountability for Health and the NHS in Post-Brexit COVID-19 UK: The ‘Left Behind’ and the Rule of Law ~ Tamara Hervey, Ivanka Antova, Mark Flear and Matthew Wood COVID-19 in Adult Social Care: Futures, Funding and Fairness ~ Rosie Harding Housing, Homelessness and COVID-19 ~ Rowan Alcock, Helen Carr and Ed Kirton-Darling Education, Austerity and the COVID-19 Generation ~ Alison Struthers What Have We Learned About the Corporate Sector in COVID-19? ~ Sally Wheeler Social Security Under and After COVID-19 ~ Jed Meers Maintaining the Divide: Labour Law and COVID-19 ~ Katie Bales From Loss to (Capital) Gains: Reflections on Tax and Spending in the Pandemic Aftermath ~ Ann Mumford and Kathleen Lahey

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Book SynopsisThe effects of COVID-19 are visited disproportionately on the already disadvantaged. This important text maps out ways in which those already disadvantaged have been affected by legal responses to COVID-19. Contributors tackle issues including virtual trials, adult social care, racism, tax and spending, education and more. They reflect on the implications of COVID-19 and express concerns with policy and practice developments and with the neutral version of the law and the economy which has taken root. Drawing on diverse resources, this text offers an account of the damage caused by legal responses to the pandemic and demonstrates how the future response can be positive and productive.Table of ContentsIntroduction ~ Dave Cowan and Ann Mumford Part 1 ~ Justice Ruling the Pandemic ~ Dave Cowan Remote Justice and Vulnerable Litigants: The Case of Asylum ~ Nick Gill Virtual Poverty? What Happens When Criminal Trials Go Online? ~ Linda Mulcahy Genera-Relational Justice in the COVID-19 Recovery Period: Children in the Criminal Justice System ~ Kathryn Hollingsworth Racism As Legal Pandemic: Thoughts on Critical Legal Pedagogies ~ Foluke Adebisi and Suhraiya Jivraj Rights and Solidarity During COVID-19 ~ Simon Halliday, Jed Meers and Joe Tomlinson COVID-19 PPE Extremely Urgent Procurement in England: A Cautionary Tale for an Overheating Public Governance ~ Albert Sanchez-Graells Part 2 ~ the Social Accountability for Health and the NHS in Post-Brexit COVID-19 UK: The ‘Left Behind’ and the Rule of Law ~ Tamara Hervey, Ivanka Antova, Mark Flear and Matthew Wood COVID-19 in Adult Social Care: Futures, Funding and Fairness ~ Rosie Harding Housing, Homelessness and COVID-19 ~ Rowan Alcock, Helen Carr and Ed Kirton-Darling Education, Austerity and the COVID-19 Generation ~ Alison Struthers What Have We Learned About the Corporate Sector in COVID-19? ~ Sally Wheeler Social Security Under and After COVID-19 ~ Jed Meers Maintaining the Divide: Labour Law and COVID-19 ~ Katie Bales From Loss to (Capital) Gains: Reflections on Tax and Spending in the Pandemic Aftermath ~ Ann Mumford and Kathleen Lahey

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Book SynopsisThis book contains the Agreements on Social Security between the United States and Iceland, Uruguay and the Republic of Slovenia. The Agreements are similar in objective and content to the social security totalization agreements already in force with other leading economic partners in Europe and elsewhere, including Australia, Canada, Chile, Japan, Norway, the Republic of Korea, and Switzerland. Such bilateral agreements provide for limited coordination between the United States and foreign social security systems to eliminate dual social security coverage and taxation and to help prevent the loss of benefit protection that can occur when workers divide their careers between two countries.

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Book SynopsisThe Social Security system is currently generating surplus tax revenues. However, under the intermediate assumptions of the Social Security Board of Trustees, the trust funds are estimated to be depleted in 2040, at which point 74% of benefits would be payable with incoming receipts. This book analyses the effect of 12 Social Security solvency options on Social Security beneficiaries. These 12 individual options fall into 6 categories of reform proposals. For some reform options, the authors presented two or more variations on how they could be approached. They include the most commonly discussed or introduced proposals to improve cash flow and achieve Social Security solvency. Each section of the book focuses on one reform category and explains current Social Security policy, reasons why some policymakers propose this particular type of reform, how the reform proposal works, the distributional effects of the reform proposal on various types of Social Security beneficiaries, and legislation related to the reform being analysed.

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Book SynopsisThe last decade has presented major challenges for many Americans economic security. The most severe recession since the 1930s significantly impacted the national economy and household budgets. With high unemployment and a slow recovery, many Americans sought income from various sources, including unemployment and disability benefits, and some claimed Social Security retirement benefits earlier than they had planned. Through all of this, Social Security has remained the bedrock of retirement security, providing benefits to tens of millions of older Americans, while also providing benefits to survivors and other dependents, as well as workers with disabilities and their families. Social Security has helped reduce poverty among older Americans and people with disabilities; many beneficiaries rely on Social Security for the majority of their income. However, demographic shifts associated with the aging baby boom generation, along with the effects of the 2007 to 2009 recession, have strained Social Securitys finances. This book is intended to describe, in a concise and easy-to-understand way, the complexities of Social Security, the challenges the programs face, and the options available to address these challenges.

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Book SynopsisAt a time when welfare states in Europe are coming under increasing pressure from both growing demand and, in some countries, severe financial austerity measures, the attitudes of ordinary people and European social cohesion are much debated. Using data from the European Social Survey, these empirical analyses examine welfare state attitudes and draw conclusions for the future. Theoretically the book is linked to analyses of altering social risks, policy challenges, policy changes and policy performance of the European welfare states. The analyses in the book explore a variety of individual and macro-level determinants of welfare policy attitudes ranging from socio-economic factors to religiosity, but a special emphasis is laid on solidarity, social cohesion and social capital among European nations. This multi-disciplinary study will appeal to academics, researchers, graduate and postgraduate students in sociology, social policy, social administration and European studies. Contributors: M. Ainsaar, S.N. Andersen, H. Chung, H. Ervasti, H. Finseraas, T. Fridberg, J. Goul Andersen, M. Hjerm, T. Kankainen, A. Kouvo, B. Meuleman, M. Niemelä, K. Ringdal, A. Schnabel, W. van OorschotTrade Review'This volume represents an important addition to existing research on welfare attitudes. A particular highlight is the extensive and original application of new cross-national survey data from the European Social Survey. The volume provides new substantial insights into the macro and micro level factors that shape welfare attitudes. I highly recommend this volume to anyone interested in welfare attitudes research.' --Mads Meier Jager, Aarhus University, Denmark'Ervasti, Anderson, Fridberg, and Ringdal, with the help of 11 other authors, have created an edited collection that rightfully deserves a prominent position in the vast body of scholarship focused on the European social welfare state. The editors more than accomplish their stated goal of compiling a book focused on the changing ''attitudes to the welfare state of ordinary people in almost thirty European countries''. The book and its 12 chapters are well conceptualized, well structured, and well written.' --Larry Nackerud, Journal of Sociology and Social Welfare'A compelling collection of chapters that address many of the major challenges faced by contemporary European welfare states, including popular welfare legitimacy, social trust and social cohesion, ''old'' and ''new'' risks, population diversity and new gender roles. Combining various theoretical perspectives on the welfare state and public opinion, the book features state-of-the-art multilevel analyses of social policy attitudes across 30 European countries. This book will become an essential resource for welfare state researchers and students alike.' --Christian Staerklé, University of Lausanne, SwitzerlandTable of ContentsContents: Preface 1. Introduction Heikki Ervasti, Jørgen Goul Andersen and Kristen Ringdal 2. Welfare Regimes and Personal Risks Synøve Nygaard Andersen and Kristen Ringdal 3. The Impact of Perceived and Actual Unemployment Benefit Generosity and Unemployment Rates on the Employment Security of Workers Heejung Chung and Wim van Oorschot 4. Economic Globalization, Personal Risks and the Demand for a Comprehensive Welfare State Henning Finseraas and Kristen Ringdal 5. Children in the Family and Welfare State Attitudes: Altruism or Self-Interest? Mare Ainsaar 6. Who Should Care for the Children? Support for Government Intervention in Childcare Bart Meuleman and Heejung Chung 7. Legitimacy of the System and Support for the Welfare State Torben Fridberg 8. Immigration, Trust and Support for the Welfare State Heikki Ervasti and Mikael Hjerm 9. Social Cohesion and the Welfare State: How Heterogeneity Influences Welfare State Attitudes Mikael Hjerm and Annette Schnabel 10. Welfare Benefits and Generalized Trust in Finland and Europe Antti Kouvo, Tomi Kankainen and Mikko Niemelä 11. Is There a Religious Factor Involved in Support for the Welfare State in Europe? Heikki Ervasti 12. Who Hates the Welfare State? Criticism of the Welfare State in Europe Heikki Ervasti Appendix Kristen Ringdal and Mikael Hjerm Index

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Book SynopsisJuridification refers to a diverse set of processes involving shifts towards more detailed legal regulation, regulations of new areas, and conflicts and problems increasingly being framed in legal and rights-oriented terms. What impact do these international and national regulations have upon vulnerable groups in terms of inclusion, exclusion and social citizenship? The nature and effects of current juridification processes are hotly debated amongst social scientists and legal scholars.Bringing empirical analysis and multidisciplinary, comparative perspectives to the previously fragmented and largely theoretical debate on juridification in the welfare state, this book asks key questions such as: To what extent do international human rights norms secure basic welfare services to vulnerable groups?; How do different regulations affect democratic participation?; What is the role of professionals in the distribution of welfare services?Researchers, students and academics with an interest in law, human rights, social policy and the role of professionals in the welfare state will find much of value in this book.Contributors: H.S. Aasen, S. Bothfeld, L. Brandt, B. Bringedal, S. Bygnes, K. Bærøe, C. Cappelen, T. Eidsvaag, K.J. Fredriksen, O. Ferraz, R. Gargarella, S. Gloppen, E. Le Bruyn Goldeng, A. Kjellevold, S. Kremer, I.R. Lundeberg, A.-M. Magnussen, K. Mjåland, O. Mæstad, E. Nilssen, L. Rakner, P. Stephens, H. Stokke, W. van RossumTable of ContentsContents: 1. Introduction Henriette Sinding Aasen, Siri Gloppen, Anne-Mette Magnussen and Even Nilssen 2. Activation Policies and Proceduralization of Law in Britain, Denmark and Norway Even Nilssen 3. Reflexive Rregulation of Employment Conditions: A Good Way to Reconcile Economic Efficiency with Social Protection? Silke Bohtfeld and Stefanie Kremer 4. Unemployment Compensation and the Trade-off Between Equality and Personal Responsibility Cornelius Cappelen and Eskil Le Bruyn Goldeng 5. The Activation Line in Social Securitiy and Social Assistance Law – A Human Rights Perspective Tine Eidsvåg 6. Individual Rights and Prioritization of Health Care Anne-Mette Magnussen and Lene Brandt 7. Judging the Price of Life: Cost Considerations in Right to Health Litigation Siri Gloppen, Octavio Ferraz, Ottar Mæstad and Lise Rakner 8. Professionalism, Discretion and Juridification: Social Inequality in Health and Social Citizenship Berit Bringedal and Kristine Bærøe 9. “Undocumented” Migrants´ Access to Healthcare Services in Europe: Tensions between International Human Rights, National Law and Professional Ethics Henriette Sinding Aasen, Alice Kjellevold and Paul Stephens 10. Penal Hybridization: Staff–prisoner Relationships in a Norwegian Drug Rehabilitation Unit Kristian Mjåland and Ingrid Lundeberg 11. Ad hoc Multiculturalism: Prison Staff Approaches to Cultural and Religious Diversity Susanne Bygnes 12. How Legal Professionals in the Netherlands and in Norway Deal with Ccultural Diversity (and How that Affects Social Citizenship) Katja Jansen Fredriksen and Wibo van Rossum 13. Rethinking Social Citizenship: the Case of the Finnmark Act Hugo Stokke 14. International Courts, Social Rights and a Dialogic Approach to Justice: Experiences from Latin America Roberto Gargarella 15. Juridification and Social Citizenship - International Law, Democracy and Professional Discretion. Henriette Sinding Aasen, Siri Gloppen, Anne-Mette Magnussen and Even Nilssen Index

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Book SynopsisThis authoritative guide to the law of continuing healthcare provides clarity on a contentious issue for those in long-term care: which adults are eligible for full NHS funding, as opposed to self-funded social care.Written by seasoned legal expert Michael Mandelstam, it provides practitioners with clear information on both the letter and spirit of the law, written in an accessible style suitable for a wide range of health and social care practitioners. The book gives all the need-to-knows in a handy A-Z format for quick reference, including key legal rules, guidance and case law.It contains also an extended analysis, with detailed evidence, of NHS continuing healthcare over the last 30 years up to the present. This is critical in order to understand why the rules are so complex, confusing and sometimes disregarded, and why decisions can seem counter-intuitive, unfair and difficult to challenge.The book is essential reading to assist the making of decisions that are fair, lawful and transparent.Trade ReviewThis book provides a fantastic overview of NHS continuing healthcare and is written to give people the information they need. It is incredibly helpful for people who want to learn more about CHC and equip themselves for the often laborious process of applying for it. -- Alzheimer’s SocietyThis excellent book should be essential reading for the Secretary of State for Health and all health service managers and social workers involved in CHC decision making. It is my hope this book will put the woeful application of CHC decision-making back under the spotlight and into the national conversation. -- Simon Bull C.Q.S.W., Assistant Borough Solicitor, Bracknell CouncilTable of ContentsPreface1.Introduction2.Basic rules and common pitfalls 3.Background, explanation and evidence of a dysfunctional system4.Chapter 4: A-Z ListAdaptations, see Home adaptationsAccommodation and NHS continuing healthcareAdvocacy and NHS continuing healthcareAids to daily living, see EquipmentAltered states of consciousness, see Decision Support ToolAppropriate clinician (end of life)AssessmentBreathing, see Decision Support ToolCare Act 2014CarersCase managementChallenging behaviourChallenging decisionsCharging for services, see Means-testingChecklistChildrenClinical commissioning groupsCognition, see Decision Support ToolCommunication, see Decision Support ToolCompetence, see: Expertise of assessors and knowledge of the patientCommissioning support unitsComplexityConsentConsultation in decision-makingContinence, see Decision Support ToolContinuity of careCoordinatorCooperationCost-effectivenessCoughlan caseDecision-making processDecision support tool (DST)Delay Deprivation of libertyDiagnosisDirect paymentsDiscriminationDispute resolution between NHS and social servicesDisputes between person and the NHSDomains of need, see Decision support toolDouble scoringDowry payments, see Legacy paymentsDrug therapies and medication, see Decision Support ToolEducation, health and care plansEligibility End of life, see Fast track PathwayEquipmentEvidence of need Expertise of assessors, and knowledge of the patientFamily involvement, see: Person and family involvementFast track pathway tool (end of life)Final decisions about CHC eligibility, see Clinical commissioning groupsFinancial gatekeeping, see Final decision-making; ResourcesFunded nursing careGap between health and social care Gatekeeping, see Financial gatekeepingGrogan caseGuidanceHealth care needsHealth Service OmbudsmanHealth services generallyHome adaptationsHospicesHospital dischargeIncidental or ancillary or of a nature beyond social servicesIndependent review panelsIndicative casesInformal carers, see CarersInput (of care)IntensityInterim provision of care during assessment and decisionJoint fundingJoint workingJudicial reviewLearning disabilityLegal frameworkLegal cases, see Indicative casesLegal remedies, see Disputes between person and the NHSLocal authorities, see Social ServicesLocal Government and Social Care Ombudsman (LGSCO) Means-testingMeeting needMental capacityMental health aftercareMental Health Act 1983, see Mental health aftercareMobility, see Decision Support ToolMulti-disciplinary teamNational Framework on NHS Continuing HealthcareNational Health Service Act 2006NatureNHS-employed staffNHS EnglandNorthern IrelandNurse assessorsNutrition, see Decision Support ToolPanelsPaying privately, see Private carePeople's own homesPerson and family involvementPersonal health budgetsPersonal injury compensationPredictable unpredictabilityPointon casePrimary decision makerPrimary health needPrivate top-up careProcess, see Decision makingProfessional judgementProhibitions Psychological and emotional needs, see Decision support toolPublic Service Ombudsman for WalesQuality of care, see NatureQuantity of care, see Incidental or AncillaryReferral for NHS continuing healthcareRegistered nursingRehabilitation and recoveryReimbursementRemedies, see DisputesResourcesRespite careResponsible commissioner, see Clinical commissioning groupsReview of decision about CHC see DisputesReviewing care packageSafeguardingScotlandScreening, see ChecklistSection 117, Mental Health Act, see Mental health after careSettingSkin, see Decision Support ToolSocial careSocial services Specialist staffTimescales, see DelayTopping up, see Private top-up careTrainingTransitionUnpredictabilityWalesWell managed needsWithdrawal of care

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Book SynopsisOver recent years, the inability of social security protection to reach workers without a formal employment contract has become an inconvenient reality in both the global north and south. This book explores how provisions for income security can be revised to effectively meet the needs of the labour force in varying economies. In developing economies, informal employment has traditionally accounted for a high proportion of overall employment and this trend looks set to continue. In the global north, the increasing use of flex-contracts and 'dependent self-employment' has led to a rise in the number of workers with limited income protection. An additional challenge for countries in both hemispheres is the rise of the 'gig' economy. This book is the first to open up a dialogue about social security coverage in the developed and developing world. Authors from both sides of the divide have contributed chapters and present a variety of insights, experiments and practices with the aim of identifying better ways to combat the growing social security challenge. Academic researchers with an interest in labour law and social policy will find this book to be an engaging source of innovative research. Practicing lawyers and policy makers will also benefit from the insights and examples provided from a number of different jurisdictions. ntributors include: C. Barnard, A. Blackham, E. Fourie, A. Govindjee, T. Gyulavári, D. Hofmeyr, L. Jianfei, A. Johansson Westregård, L. Lamarche, J. Li, J. Masabo, M. Olivier, P.A. Ortiz, A. Paz-Fuchs, M. Westerveld, M. WynnTrade Review‘This edited collection tackles an important subject, and its well-evidenced discussion should be regarded as an important contribution to a debate that will be increasingly important as employment markets continue to diversify.’ -- Citizens Basic Income TrustTable of ContentsContents: Preface M. Olivier and M. Westerveld Part I General reflections 1. Social Security Protection for Informal Economy Workers: Developing World Perspectives Marius Olivier 2. Flexicurity outside the Employment Relationship? Re-engineering Social Security for the New Economy Michael Wynn and Amir Paz-Fuchs 3. Gender and Race in the Informal Economy: the South African Framework Elmarie Fourie 4. The Self-employed and the Welfare State in the EU: Insights from Gender and Race Equality Law Alysia Blackham and Catherine Barnard Part II Thematic Reflections 5. Labour Relations and Labour Law in Shared Economy Jing Li and Li Jianfei 6. Social protection and vulnerable work in South Africa Avinash Govindjee Part III Regional Approaches 7. Informal and Self-Employment Workers in Latin America: From an Excluded Category to an Example of Innovative Inclusive Measures Pablo Arellano Ortiz 8. Structure and Social Protection of the Self-employed Society: An Eastern-European Perspective based on Hungarian Experience Tamás Gyulavári 9. Informality and Social Insurance in East Africa: an Assessment of the Law and Practice Juliana Masabo Part IV Country Cases 10. Social Protection for Workers outside the Traditional Employment Contract – a Swedish Example Annamaria Johansson Westregård 11. The Netherlands: Solo Self-Employment and Labour on Demand Mies Westerveld 12. From a Social Protection Regime to an Income Security Agenda: Canada at the Crossroads Lucie Lamarche EPILOGUE Mies Westerveld and Marius Olivier Index

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Book SynopsisPresenting diverse understandings of the origins and development of social welfare law, this globally informed Research Handbook embraces the inherent contradictions and complexities within the field. It emphasises the importance of ethical research and inclusivity and recognises the value of historical and contemporary methodologies.

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Book SynopsisElgar Research Agendasoutline the future of research in a given area. Leading scholars are give n the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. Forward-looking and innovative, Elgar Research Agendas are an essential resource for PhD students, scholars and anybody who wants to be at the forefront of research.This timely book utilises the specialised insights and experiences of those who have carried out research on different aspects of social welfare law and policy to construct an innovative post-Brexit and post-Covid 19 research agenda that identifies what needs to be studied and how this should be carried out.Embracing not only social welfare law but also social welfare policy, practice and impact, expert contributors consider major areas of non-economic law, such as asylum and immigration law, health law, social care law, social work and child welfare law, social security law, and issues involving social rights. Individual chapters cover branches of social welfare law, four areas of social welfare policy, four distinctive methodological approaches, and three contemporary developments. They reflect a wide-ranging set of substantive concerns and methodological approaches and, taken together, comprise a challenging but non-prescriptive research agenda.This Research Agenda will be a key resource for socio-legal researchers contemplating research on social welfare law and policy, as well as research councils, government departments and charitable bodies that fund research on social welfare law and policy.Trade Review‘We are (yet again) at a pivotal point in social welfare – after the global financial crisis, after Brexit, and approaching the worst recession in living memory. In this novel book, leading figures across social welfare law and policy address the methodological challenges that face us as researchers and also as actors in this unforgiving world. Full of insight, this is a book which transcends disciplinary narratives and should be read widely. Having had the privilege of reading the chapters in advance of publication, their appreciations of the field are already impacting on my thinking.’ -- David Cowan, University of Bristol, UK‘Michael Adler brings together a sharply focused selection of contributions that provide key insights into the issues facing social welfare law, now and in the future. This collection provides an in-depth discussion of the research challenges spanning different branches of law and methodological approaches, focused on different social welfare policies and on contemporary organisational developments. It makes a compelling case for how future developments in social welfare law, policy and practice need to be considered in a post-Brexit, post-Covid world. In doing so, it delivers a timely and significant agenda for research.’ -- Gráinne McKeever, Ulster University, UKTable of ContentsContents: 1 Introduction: A view from the bridge 1 Michael Adler PART I SOCIAL WELFARE LAW 2 A public law perspective 25 Tom Mullen 3 Family law and social welfare research: Towards a sustainable symbiosis? 43 Mavis Maclean 4 A human rights lens: Reclaiming the narrative for social rights as legal rights 59 Katie Boyle and Diana Camps 5 An administrative justice perspective 77 Lee Marsons and Maurice Sunkin PART II SOCIAL WELFARE POLICY 6 Insights from health and social care 97 Jackie Gulland 7 A social security perspective 115 Mark Simpson 8 A view from education and employment law 133 Amir Paz-Fuchs and Tammy Harel Ben-Shahar 9 Social harms, crime and criminal justice 153 Chris Grover PART III METHODOLOGICAL APPROACHES 10 An anthropological perspective 173 Insa Lee Koch 11 Normative approaches 191 Beth Watts and Katie Colliver 12 Feminist jurisprudence and administrative justice 211 Sharon Cowan and Simon Halliday 13 Race, gender and discrimination – learning from Zambrano 227 Iyiola Solanke PART IV IMPORTANT POLICY DEVELOPMENTS 14 The outsourcing perspective 245 Robert Thomas 15 Digital technologies and artificial intelligence: a computer science perspective 263 Paul Henman 16 The street level of the welfare state 281 Peter Hupe and Michael Hill 17 Concluding thoughts: Après le déluge 301 Michael Adler Index

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Book SynopsisThis comprehensive second edition Research Handbook discusses a wide range of timely questions and dilemmas ensuing from the present state of European social security law. Presenting a kaleidoscopic concept of social security, a new generation of leading experts identifies future lines of inquiry that are likely to dominate the discourse in the coming years.Chapters analyse contemporary debates through a range of perspectives, critically examining crucial dimensions of European social security law. These dimensions include social security as a human right, minimum standards, protection of mobile persons, and European social security law in a global context. Through this exploration, new challenges and further lines of research are identified, providing a source of inspiration for the development of this fundamental field of law.Covering a breadth of topics and research, scholars and academics alike will find this Research Handbook to be an invaluable source of information. Lawyers and policy makers will also benefit from the up-to-date guide to the various fields of European social security.Table of ContentsContents: Preface ix Frans Pennings and Gijsbert Vonk PART I SOCIAL SECURITY AS A HUMAN RIGHT 1 Social security in the fundamental rights case law of the Court of Justice 2 Eleni De Becker 2 Social security in the case law of the European Court of Human Rights 30 Lieneke Slingenberg and Ingrid Leijten 3 The right to social security and social assistance in the ‘case law’ and conclusions of the Social Rights Committee 64 Anja Eleveld and George Katrougalos 4 European human rights protection: towards a multi-level and interdependent system based on cooperation 84 Ulrich Becker PART II MINIMUM STANDARDS AND EQUAL TREATMENT 5 Non-discrimination in European social security law: exploring safeguards against gender and racial discrimination 103 Sarah Ganty and Karin de Vries 6 The further extension of social security to non-wage earners 130 Alberto Barrio 7 Minimum income protection in the European Union: from politics to (soft) law 149 Ane Aranguiz 8 European Universal Basic Income 168 Malcolm Torry PART III PROTECTION OF MOBILE PERSONS AND MIGRANTS 9 EU citizenship: a double-edged sword for European social security 182 Dion Kramer 10 The general principles of Regulation 883/2004 and their outer limits 204 Nicolas Rennuy 11 The EU social security rules on posting: defining problems and potential solutions 225 Frederic De Wispelaere and Ivana Vukorepa 12 Highly mobile workers and the coordination of the applicable social security law in the European Union: how to create a good fit? 252 Eva van Ooij 13 Coordination rules and new forms of labour and reintegration 266 Saskia Montebovi 14 Occupational pensions and the protection of mobile persons 286 Elmar Schmidt 15 Managing mobile students in the EU: guiding principles and the way forward 301 Alexander Hoogenboom 16 Cross-border healthcare and social security rights 332 Grega Strban 17 Social security rights of third-country nationals coming from outside the EU: the scope and meaning of equal treatment 353 Pauline Melin PART IV EUROPEAN SOCIAL SECURITY LAW IN A GLOBAL CONTEXT 18 Social security, social protection, GATS and the new generation of EU trade agreements 380 Nicola Yeates and Herman Voogsgeerd 19 The European Union’s approach to social protection for workers in global value chains 397 Veronika Flegar and Bas Blaauw 20 A missing link in the international social security normative architecture? 418 Kroum Markov and Maya Stern Plaza PART V THE FUTURE OF EUROPEAN SOCIAL SECURITY LAW 21 The future of European social security law: an analysis of the authors’ approaches 439 Frans Pennings and Gijsbert Vonk Index 453

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Book SynopsisThis book analyses the impact of European tax and benefit systems on incentives to create and take up jobs. European policymakers face tough choices as reforms to these systems are costly and recognising and understanding the complex trade-offs involved - a pre-condition to pushing the reform process forward - is the aim of this volume.The authors, experts in public and welfare economics, investigate the problems involved in re-designing tax and benefit systems in Europe, the cross-country spillovers of 'bad' domestic policies and the peer pressure from closer policy co-operation in EMU. They examine reforms in tax and welfare systems and suggest ways in which to improve their efficiency without undermining the equitable foundations of the European social model. While aiming at a high degree of generality, the analyses are rooted firmly in the experience of European countries and the conclusions are therefore all the more relevant and of interest to policymakers in Europe, as well as the rest of the world.The blend of theoretical and institutional analysis, policy suggestions and case studies of relevant European success stories will ensure this book appeals to policymakers and scholars of welfare, European and labour studies.Trade Review'This book provides a thorough institutional and theoretical analysis of this specific sector of European policy making, highlighting the key problems involved in reforming European tax and benefit systems as well as suggesting possible ways to improve efficiency. Policymakers and scholars of European welfare and labour market policies will therefore find this book useful.' -- European Access'. . . an interesting blend of theoretical analysis, policy suggestions and case studies of relevant success stories.' -- Aslib Book GuideTable of ContentsContents: 1. Overview Part I: The Issues 2. Redistribution and Labour-supply Incentives Part II: The Facts 3. Effective Taxation, Spending and Employment Performance 4. Net Replacement Rates of the Unemployed: Comparisons of Various Approaches 5. The Retreat of the Welfare System: Myths and Reality – A Broad Comparison of Trends in Social Protection Expenditure across EU Countries Part III: Evaluation Methods 6. Evaluating the Labour Supply Responses to ‘in-work’ Benefit Reforms for Low Income Workers 7. Tax Reform and Labour Supply in Sweden: Were Low and High Skill Individuals Affected Differently? Part IV: General Equilibrium Effects 8. The Dutch Employment Miracle and Fiscal Challenges of the Twenty-first Century 9. Skill-biased Technical Change, Sectoral Heterogeneity and Wage Setting: Unemployment or Wage Inequality Index

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Book SynopsisThe probation service has a pivotal role in interpreting the concept of justice and advancing the cause of justice through practical action. This task is increasingly challenging and with the Criminal Justice and Court Services Act 2000 establishing the National Probation Service of England and Wales in April 2001, this book is a timely account of how this task will manifest itself, written by experts closely involved in this world of change. The increasing public expectation and scrutiny focused on the whole area of probation, coupled with the ongoing plans of the Government to bring about consistent standards and practice means that this is an area that will only continue to change and grow over the comming years. The probation service has to locate itself in a changing landscape and formulate a mission appropriate to the 21st century.Here leading academics, policy makers, managers and practitioners have combined to put the spotlight on what contribution probation can make to public protection and social justice. Their efforts, culminating in this book, will help shape the new service and provide stimulus for critical debate of Justice and Rights - what role does probation have in the tensions between rights and responsibilities, between victims and offenders? Justice in Practice - how do competing demands affect day to day community supervision and What Works? Justice in Organisation - are the reforms of modernisation going to create a service that can deliver? It is of vital relevance to all who work in the probation world and to other criminal justice agencies and professionals.

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Book SynopsisThis fourth edition of Community Care Practice and the Law has been fully updated to reflect the rapid and continuing legal, policy and practice changes affecting community care. It provides comprehensive and jargon-free explanations of community care legislation, as well as other areas of law directly relevant to practitioners, including the NHS, disabled facilities grants and housing adaptations, asylum and immigration, mental capacity, human rights, disability discrimination, health and safety at work and negligence – and a range of legal provisions relevant to the protection and safeguarding of adults.Apart from the burgeoning legal case law and ombudsman investigations, changes from the last edition include coverage of the Mental Capacity Act 2005, legal implications of 'self directed care' and 'individual budgets', changes to direct payments and 'ordinary residence' determinations. In particular, new guidance applies to the high profile issue of NHS continuing health care.The book is an essential guide for practitioners and managers in both the statutory and voluntary sectors, policy makers in local authorities and the NHS, advocates, lawyers and social work students.Trade ReviewOf particular interest to readers with an interest in dementia is the new section in this edition examining the Mental Capacity Act 2005. This is thoughtfully written with good case vignettes, complemented with concise definitions and clear explanations of powers and roles. Overall the volume succeeds in being both an introduction and solid reference to guide practice in a very wide range of scenarios. J would recommend this as a reference text for policy makers of Iocal authorities and NHS, but also for those who deal with complex issues in the community both in the social work and the NHS. -- Dementia Journala thorough guide for practitioners in different fields, providing jargon-free, comprehensive explanations for the most updated and relevant legal issues in community care... This book would be a useful addition to the libraries of health and social care professionals, both in universities and local practices where community care has been, or is being, developed. -- PhysiotherapyOffering a comprehensive account of current community care law and policy, the book operates as a useful reference tool, whether the reader is looking, for example, for details on direct payments or mental capacity. Topics can be located both via the contents page and the index. It is a particularly useful tool for agencies, managers, practitioners, and students of health and social care. -- Journal of Social Welfare & Family LawThis book is written well - this is no dry, dusty, legal read. Case law, tribunal and Ombudsman decisions have all been updated, and many are described in detail. Mandelstam summarises complex cases succinctly, explains legislation, case law and tribunal decisions, and doesn't shrink from incisive comment on the impact on vulnerable people of resource starvation and "labyrinthine" rules and regulations in social care. Practitioners, managers and agency lawyers should all have a copy of this edition on their desks. Students, too, will find it as good a guide to community care, as well as the law, as many standards texts. -- Professional Social WorkThe overwhelming impression is that of accessibility - you can easily find the relevant law, case examples and challenges. -- Journal of Community NursingFor a bang-up-to-date reference book on everything relating to social care and the law,get the 4th Edition of Community Care Practice and the Law. -- Caring TimesThis book is an excellent resource for all physiotherapists, from policy developers to students. -- Journal of PhysiotherapyThe third edition has been substantially reworked from the previous edition essential reading for practitioners, managers and students who need a practical guide to the law as it applies to community care practice, it is an ideal book to dip into and is easy to navigate. -- British Journal of Occupational TherapyThis book is set out coherently and with clear cross referencing. Mandelstam achieves the difficult task of providing an adequate description of legal issues with detailed analysis and thorough application; this is to his credit. It will appeal to and should be considered an essential text reference for specialist practitioners and managers in health and social care. -- Journal of Community NursingMichael Mandelstam's book is superb, the more you look at it, the more you will find it of relevance. Care home providers and managers need to know and understand the law, especially when dealing with local authorities and other outside bodies such as Commission for Social Care Inspection. I've put this book to the test and it comes through with flying colours. -- Caring TimesCommunity Care Practice and the Law proves itself to be comprehensive and monumentally authoritative. -- Mental Health PracticeTable of ContentsPart I. Introduction, overview, underlying themes, remedies. 1.Introduction. 2. Overview of community care. 3. Underlying themes. 4. Non-judicial remedies. 5. Judicial remedies. Part II. Social services assessment and provision of services. 6. Social services assessment: referral and eligibility. 7. Reassessing, withdrawing services and waiting. 8. Care plans and provision of services. 9. Residential accommodation. 10. Charging for residential accommodation. 11. Non-residential services. 12. Charging for non-residential services. 13. Direct payments, carers, families with children in need, etc. 14. Asylum seekers and other people subject to immigration control. 15. Residence and eligibility for services. Part III. Housing, home adaptations and the NHS. 16. Housing and home adaptations. 17. National Health Service provision. 18. NHS continuing health care. 19. Joint working between local authorities and the NHS. Part IV. Decision-making capacity, safeguarding adults. 20. Mental capacity. 21. Protecting and safeguarding vulnerable adults. References. Index.

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Book SynopsisThis short guide cuts through the confusing mass of legislation to provide a concise and jargon-free explanation of current community care practice and the law.In clear and simple language, it explains the legislation directly relevant to practitioners, including: rules about how people in need get an assessment from local authorities; the assessment of need itself; eligibility for actually getting a service (and the "fair access to care" policy); charging for services; ordinary residence; topping up of care home fees; assessing informal carers; and the rules about asylum seekers. It provides an overview and analysis of high profile issues such as direct payments, personal budgets and the policy of personalisation and National Health Service provision, including the vexed issue of NHS continuing health care. It also highlights the duties placed on local authorities and the NHS, the various tensions underlying community care, and the consequent shortcuts - both lawful and unlawful - that local authorities and the NHS feel obliged to take. Quick Guide to Community Care Practice and the Law is an essential resource for busy practitioners at all levels as well as managers in both the statutory and voluntary sectors, policy-makers in local authorities and the NHS, advocates, lawyers and social work students.Trade ReviewWeaving thorough the complexities of health and social care provision - particularly funding - is a path that many community nurses and social workers will be familiar with. This book, although brief, sets out the key issues in Mandelstam's succinct, clear and robust style. By his own admission, it cannot cover everything but it does make an admirable attempt to clarify key topics such as continuing care through to asylum and immigration. -- Journal of Community NursingTable of Contents1. Introduction. 2. How Community Care Law and Practice Works. 3. When Things Go Wrong. 4. Getting a Community Care Assessment and Getting Services. 5. Community Care Services: Care Homes. 6. Community Care Services: Help in People's Own Homes. 7. Informal Carers. 8. Direct Payments: Giving People Money. 9. Personalisation and Safeguarding. 10. Asylum and Immigration. 11. Ordinary Residence. 12. Home Adaptations. 13. National Health Service. 14. Continuing NHS Health Care. 15. Mental Capacity, Human Rights, Disability Discrimination. 16. Health and Safety at Work Legislation, and the Law of Negligence. Index.

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