Desmond Rutledge

Profile

Desmond Rutledge practises social welfare law. He provides welfare benefits advice across a wide range of areas including immigration, housing, community care and family law. He also practises housing law, e.g. defending possession claims for rent arrears and homelessness appeals. Desmond was short-listed for Young Legal Aid Barrister of the Year in 2007 for his work in social security.

He is the Chair of the Social Security Law Practitioners' Association and writes regularly on welfare benefit issues. He has provided training courses on social security and housing for Garden Court Chambers, been a guest speaker at the Housing Law Practitioners' Association and is a trainer for Legal Action.

Background

Before coming to the Bar, Desmond Rutledge spent 10 years in the Advice Sector. In addition to working in Citizens Advice, he became the Social Security Caseworker at the Free Representation Unit.

Publications

Housing Law Handbook: A Practical Guide (Law Society) contributor - Chapter 7 on 'Housing benefit and possession proceedings based on rent arrears'

Macdonald's Immigration Law and Practice 7th edition: contributor to Chapter 13 on Welfare Benefits.

JCWI Immigration, Nationality & Refugee Law Handbook, 2006 edition: contributor to Section 12: Welfare.

Macdonald's Supplement to 7th edition: contributor to Chapter 13 on Welfare Benefits.

Articles

Desmond writes regularly on social security law. He is co-author of the housing benefit update in Legal Action and the Digest Editor of the Journal of Social Security Law. A selection of his articles is set out below:

Acquiring and retaining the status of a worker and the habitual residence test (2009) 16 J.S.S.L. Issue 3, D96-D103.

Housing Benefit Overpayments - part 1 - 'Official error' [2009] 133 Adviser 11

Protective costs orders and claims under the HRA LAG May 2009, p 36

Housing Benefit Law Update (co-author) - LAG - July 2008, 37-40

Notable Cases

Social Security

Secretary of State for Work and Pensions v IS [2009] UKUT 200 AAC (8 October 2009) - on whether barring entitlement to income-related benefits on grounds of "membership of a religious community" is discriminatory contrary to Article 14 of the European Convention on Human Rights taken with Article 9.

R (S (by his litigation friend the Official Solicitor)) v Social Security Commissioner & (1) Secretary of State for work & pensions (2) Walsall Metropolitan Borough Council (interested parties) [2009] EWHC 2221 (Admin) (3 September 2009) - Housing benefit - Claimant with mild learning disability living in supported housing - test for "exempt accommodation" -care provided by or on behalf of social landlord - Sch.3 para.4 HB/CTB (consequential provisions) Regulations 2006

Ghassemian v Royal Borough of Kensington & Chelsea [2009] EWCA Civ 743 (8 June 2009) - Housing Benefit - Permission hearing - Whether county court judge was required to decide whether there was a valid overpayment decision to which CPR Rule 70.5(1)(a) applied when asked to enforce housing benefit overpayment - Waltham Forest LBC vs. Roberts [2004] EWCA Civ 940, (2005) 37 HLR 21 (CA) considered.

CH/3670/2008 LB Waltham Forest v TM [2009] UKUT 96 (AAC) (1 June 2009) - Housing Benefit - Whether notional capital vests in a trustee in bankruptcy or does it survive the bankruptcy.

CPC 571 2008 [2009] UKUT 55 (AAC) (20 March 2009) - State Pension Credit-Assessed income period- Whether an Irish state pension is payable from an "overseas arrangement" and therefore to be left out of account during the assessed period.The DWP has amended official guidance on the impact of the ruling: see Memo DMG 28/09: 'Treatment of Foreign State Pensions in SPC'.

CIS/3891/2007 [2009] UKUT 17 (AAC) (27 January 209) - Income Support - EC Law Proportionality- Claimant detained under Mental Health Act.

CH/1895/ 2008 [2008] UKHT 26 (AAC) (01 December 2008) - Housing Benefit - "dwelling" may consist of two different tenancies on different premises if it is being used as one dwelling.

CA/2574/2007 (16 June 2008) - Attendance allowance - Whether talking constitutes attention where it helps prevent a deterioration in the claimant's mental health.

CHR/3855/2005 - Late appeals - Jurisdiction [2008] UKSSCSC CHR/3855/2005 (04 July 2008) - (Tribunal of Commissioners) - Whether there is any right to seek leave to appeal to a Commissioner from a decision not to admit a late appeal by a Legally Qualified Panel Member where the 13-month statutory cut-off point has not yet passed. On the scope of Secretary of State for Work and Pensions v Morina and Borrowdale [2007] EWCA Civ 749, reported as R(IS) 6/07 the 13-month point had passed.

CJSA/2663/2006 (14 June 2007) Jobseeker's Allowance - Exemption for full-time students during summer vacation - whether discriminatory against lone parents - Article 14 and A1P1 ECHR.

R (Hook on the application of) v Secretary of State for Work and Pensions [2007] EWHC 1705 (Admin) (R(IS) 7/07) -(3 July 2007) (junior counsel) -whether notional capital rules disproportionate under Article 8 ECHR

Secretary of State for Work and Pensions v Bhakta [2006] EWCA Civ 65 (15 February 2006) - Income Support - Habitual residence test and the use of the advanced awards provisions

Secretary of State for Work and Pensions v Doyle [2006] EWCA Civ 466 (27 April 2006) - Incapacity Benefit - Calculation of permitted earnings.

Housing

Austin v London Borough of Southwark [2010] UKSC 28 (23 June 2010) (junior counsel) on whether a former tenant's right to apply to postpone the date for possession and thus revive a secure tenancy under section 85(2) of the Housing Act 1985 survives death and passes to the estate of the deceased former tenant. For a summary of the case, click here.

Austin v London Borough of Southwark [2009] EWCA Civ 66 (16 February 2009) (junior counsel) - Succession of a secure tenancy where former tenant was a 'tolerated trespasser' - Whether the right to apply to revive the tenancy vests in the former tenant's estate - Whether it can be regarded as a 'possession' under A1P1 ECHR. The House of Lords has granted leave to Mr Austin on 25 June 2009.

Austin v London Borough of Southwark [2008] EWHC 355 (QB) (29 January 2008) - Succession of a secure tenancy where former tenant was a 'tolerated trespasser' - Whether right to apply to revive tenancy can be regarded as a 'possession' under A1P1 ECHR.

CH 1895 2008 [2008] UKHT 26 (AAC) - Housing Benefit - The case considered whether HB could be paid on two flats rented under two different tenancies. The claimant, who had a large family, rented a second adjacent flat and knocked through the wall to provide accommodation for her family of 12 people. The judge decided that in the HB context, a functional approach should be taken and a "dwelling" may consist of two different tenancies on different premises if, for all practical purposes, it was being used as one dwelling.

Training and Seminars

Desmond has provided training at Garden Court to housing and social security practitioners on a range of subjects. He has been a guest speaker at the Housing Law Practitioners' Association, the Social Security Law Practitioners' Association and a trainer for Legal Action.