Welfare Benefits
Members of the Welfare Benefits team offer advice and representation in the field of social security on all aspects of welfare benefits law including drafting submissions for tribunals and appearing before the Upper Tribunal (Administrative Appeals) Chamber and the higher courts.
Garden Court regularly advises housing practitioners on housing benefit issues in possession proceedings for rent arrears. Garden Court Chambers has a particular expertise on eligibility questions relating to welfare benefits based on the claimants immigration status and this includes advising migrant workers and their families under Community law.
Members of the team regularly contribute to publications on welfare benefit issues including: the Housing Benefit Update in LAG Magazine; the Journal of Social Security Law; the JCWI Handbook, 6th edition and contributions to MacDonald's Immigration Law and Practice, 7th edition.
Recent notable cases include:
Teixeira (European citizenship) [2010] EUECJ C-480/08 (23 February 2010)
Whether an EEA national who is both a former worker and the primary carer of her children who are in education, is eligible for homelessness assistance.
Adrian Berry
Secretary of State for Work and Pensions v Dias [2009] EWCA Civ 807 (31 July 2009)
Whether an EC Residence Permit confers eligibility for income support on a single female head of household who left work to care for her child by virtue of Article 16 of Directive 2004/38/EC or Article 18 of the EC Treaty; referred to the European Court of Justice.
Adrian Berry
R (S) v Walsall MBC and the SSWP [2009] EWHC 2221 Admin
Where a community care organisation provided care, support or supervision to a recipient of housing benefit by agreement with the local authority, that care was not provided "on behalf of" the recipient's social landlord of the accommodation, which therefore was not "exempt accommodation" for the purposes of the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006, Schedule 3, paragraph 4(10).
Stephen Knafler and Desmond Rutledge
Yesiloz v London Borough of Camden & Anor [2009] EWCA Civ 415 (20 May 2009)
Whether a Turkish asylum seeker on temporary admission and subject to immigration control, as a citizen of a state that had ratified ECSMA, and in respect of whom some provision had been made in social security legislation, ought to be considered as having a right to reside for housing benefit purposes.
Adrian Berry
Ghassemian v Royal Borough of Kensington & Chelsea [2009] EWCA Civ 743 (8 June 2009)
Housing Benefit - Permission hearing - County court judge has jurisdiction to decide whether there is a valid overpayment decision to which CPR Rule 70.5(1)(a) applied when asked to enforce as a debt.
Desmond Rutledge
Barry v London Borough of Southwark [2008] EWCA Civ 1440 (19 December 2008)
Whether an EEA national was eligible for homelessness assistance as a worker where he had worked for two weeks at a tennis championship and sought to retain worker status.
Adrian Berry
Humphries and Ors v Secretary of State for Work and Pensions [2008] EWHC 1585 (Admin) (09 July 2008)
Child Support Agency (CSA) The application of the ex gratia compensation scheme and the use of administrative complaints procedures.
Adrian Berry
Gargett, R (on the application of) v London Borough of Lambeth [2008] EWCA Civ 1450 (18 December 2008)
Whether a claimant can be entitled to a discretionary housing payment if they are in receipt of maximum housing benefit and council tax benefit.
Stephen Knafler
CJSA/2663/2006 - [2007] UKSSCSC 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.
Desmond Rutledge
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. Stephen Knafler and Desmond Rutledge
Rowley v Secretary of State for Work and Pensions (2007)
Whether common law of duty was owed to child support applicant by the SSWP under the Child Support Act 1991.
[2007] EWCA Civ 598 19/6/2007. Reported at [2007] 3 FCR 431
Adrian Berry
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.
Desmond Rutledge
Szoma v Secretary of State for Work and Pensions (2005)
The meaning of 'lawful presence' for social security purposes
[2005] UKHL 64 27/10/05. Reported at (2006) 1 AC 564.
Duran Seddon
[2005] UKSSCSC CIS_2680_2004 (2005)
This concerned a Dutch national who came to the UK with her children having been in receipt of the equivalent to Income Support in Holland as a lone parent. The case considered the compatibility of the habitual residence test with EU law and the applicability of Reg EEC No. 1408/71, in particular, whether a claimant could come within the person scope of the Regulation merely by having been subject to the social security legislation of one or more Member States.
Reported as R(IS) 1/06 12/8/05 .
Desmond Rutledge
Department for Works & Pensions v Richards (Michael) (2005)
Criminal compensation orders in social security benefit overpayment cases
[2005] EWCA Crim 491 3/3/05. Reported at Times, March 11, 2005
Jan Luba and Kate Aubrey-Johnson
Cooke v Secretary of State for Social Security (2002)
Correct test for appeal to Court of Appeal from Social Security Commissioner and other specialist tribunals
[2001] EWCA Civ 734 25/4/01. Reported at [2002] 3 All ER 279
Rajeev Thacker
Civil Clerks
If you would like more information about our Welfare benefits team email the clerks civilclerks@gclaw.co.uk
or call us on 020 7993 7600
The team
Members of the Welfare Benefits team are listed below - click on their names to go to their profiles.
