PracticeDesmond is a general civil practitioner who specialises in social welfare law. He acts for claimants in social security proceedings, including cases before the Commissioners and the superior courts. Desmond also provides written advice on welfare benefit issues which arise in a range of areas including immigration, housing, community care, family law and benefit fraud. BackgroundDesmond has a background in the Advice Sector where he was worked as an advice worker with a number of organisations including Citizens Advice, LEAN and WelCare, providing advice on welfare benefits, housing and debt. He came to the Bar following his experience at the Free Representation Unit, where he became the Social Security Caseworker. Desmond was short-listed for Young Legal Aid Barrister of the Year in 2007 for his work in social security.
Notable cases
CA/2574/2007 - Attendance allowance - [2008] UKSSCSC CA_2574_2007 (16 June 2008) Attendance allowance - Attention in connection with the function the brain: speech - Claimants with highly restricted lifestyle, e.g. agoraphobia - Test of frequently throughout the day. CIS/2358/2006 - Income support - Right to reside requirement - On whether a former worker who had been in the UK for three years could gain access to social assistance for a temporary period under Article 18(1) of the EC Treaty and the principle of proportionality based on her integration into UK society. (NB: Leave was granted to the claimant by the Commissioner on 06.03.08 to appeal to the Court of Appeal under the name of Kaczmarek v Secretary of State for Work & Pensions. The case is likely to be heard on 13 or 14 October 2008). CJSA/2663/2006 - Jobseeker's allowance - On whether a lone parent who was also a full-time student who was refused contributory-based JSA during the summer vacation because she was not a member of a couple could claim that the rule was discriminatory against lone parents based on Article 14 and A1P1 of the ECHR. R (Hook on the application of) v Secretary of State for Work and Pensions [2007] EWHC 1705 (Admin) (R(IS) 7/07) - Income support and housing benefit - On whether a decision not to award welfare benefit could amount to a breach of a claimant's Convention rights under Article 8 due to the disproportionate impact upon the individual claimant. CH/493/2006 - Housing benefit - On whether the rule excluding claimants in tied accommodation from any entitlement to Housing Benefit was incompatible with the Convention in a case involving a claimant who remained in tied accommodation after her husband left and who then became liable for his share of the payments under the terms of the licence. Secretary of State for Work and Pensions v Bhakta [2006] EWCA Civ 65 - Income support - On the habitual residence test and the use of the advanced awards provisions where the length of actual residence was the only outstanding issue. The ruling was welcomed by welfare advice agencies but was subsequently reversed by SI. 2007/1331. Secretary of State for Work and Pensions v Doyle [2006]EWCA Civ 466 - Incapacity benefit - On which rules applied in the calculation of earnings for 'exempt' or 'permitted work' for claimants in receipt of incapacity benefit. R(IS) 1/06 - Income support - On the compatibility of the habitual residence test with EU law and the applicability of Reg EEC No. 1408/71. CI/105/1998 - Industrial injuries disablement benefit - On whether an illness brought on by conversation can count as an 'accident'.
Training and SeminarsDesmond has provided training to housing and social security practitioners on a range of topics including: Housing Benefit for Housing Practitioners; Housing Benefit and Defending Possession Proceedings; Disability and Welfare Benefits; Prisoners and Welfare Benefits and Official Error and Housing Benefit Overpayments. He has been a guest speaker at HLPA and a trainer for LAG. Desmond is also regular speaker at the Free Representation Unit Training days on social security.
PublicationsDesmond 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. His publications include: Books JCWI Immigration, Nationality & Refugee Law Handbook, 6th edition: contributor to the Section on Welfare
Macdonald's Immigration Law and Practice 7th edition: contributor to the Section on Welfare provision Articles Housing Benefit Law Update (co-author) - LAG - July 2007, 9-14 Disability benefits and charging for domiciliary care - 9 C.C.L.R. December 2006, 530-540. Housing Benefit Law Update (co-author) - LAG - July 2006, 31-35 Backdating for 'good cause' - Adviser 113 Jan/Feb 2006 The relevance of housing benefit issues to possession proceedings and backdating housing benefit for good cause (2005) 12 J.S.S.L D115-127 The Proper Form of a Decision in Overpayment Appeals - Non-Compliance with s.71(5A) (2005) 12 J.S.S.L. D70-80 Precedent in Social Security Law (2005) 12 J.S.S.L. D30-40 Housing Benefit Law Update (co-author) - LAG - July 2005, 23-26 Calibrating disability - Case law on the cooking test - Adviser 101 2004 Jan/Feb Benefit Adjudication and the Role of Tribunals in an Inquisitorial jurisdiction - the Commissioners' Power to Set Decisions aside Based on a Mistake as to the Facts (2004) 11 J.S.S.L. D127-135 Capital - Deprivation - Beneficial Interest - Disregards (2004) 11 J.S.S.L. D95-102 Industrial injuries benefit - Accident Declarations and the Assessment of Disablement (2004) 11 J.S.S.L. D55-66 Overpayments and Recovery: Disclosure, Misrepresentation and Official Error (2004) 11 J.S.S.L. D21-40 Analysis of Recent Social Security Commissioners' Decisions - Disability Living Allowance (2003) 10 J.S.S.L. D129-140 Decision making and Appeals - the Debate Over Supersessions (2003) 10 J.S.S.L. 136-150 Article 6 and the Right to a Fair Hearing: Analysis of recent Commissioners' Decisions (2003) 10 J.S.S.L. D47-57
Can stress be an Industrial Accident? - recent case law on stress and claims for industrial injury benefit - Adviser 87 Sept/Oct 2001 Living Together Appeals Revisited - recent case law on the cohabitation test - Adviser 81, Sept/Oct 2000 Exceptional Pressure - grants from the social fund for families under pressure - Adviser 75, Sept/Oct 1999 Virtually Unable to Walk - distance and the mobility component for disability living allowance - Adviser 71 Jan/Feb 1999 Medical Issue - conflicts of evidence before a disability appeal tribunal - Adviser 64 Nov/Dec 1997 Cooking hypothetically - how the main meal test should be applied - Adviser 61 May/June 1997 Preparing Social Security Appeals - obtaining further evidence - LAG - June 1996, 19-20 SocietiesDesmond is the Chair of the Social Security Law Practitioners' Association. He is also a member of the HLPA and CPAG.
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