Garden Court Chambers
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Home » Practice Areas » Welfare Benefits
Welfare benefits law, quite literally, affects millions of people. It is an area which should be clear and accessible. In reality, the system is enormously complex. Our team is dedicated to demystifying welfare benefits law. Garden Court Chambers has a strong commitment to providing advice on social welfare issues across the areas of law covered by the Housing, Immigration, Family and Criminal law teams.
Under the public funding scheme currently in place under the Legal Aid Sentencing and Punishment of Offenders Act 2012, members of the Welfare Benefits Team can provide the following legal services:
Welfare benefits decisions which are potentially amenable to judicial review include:
Members of the Welfare Benefits Team draft defences in possession proceedings where housing benefit issues are still outstanding. The Team also has expertise in advising on questions of eligibility to social assistance having regard to the individual's immigration status (including migrant workers and their families under EU law). This can include preparing legal opinions in care proceedings in the family courts where one of the parties is an EEA national or subject to immigration control.
Members of the Team are contributors to the social welfare section in Macdonald's Immigration Law and Practice and the Housing Benefit Update in Legal Action (the Legal Action Group's magazine), and regularly provide training to a range of organisations including Housing Law Practitioners Association, Immigration Practitioners Association and the Public Law Project.
Court of Justice of the European Union
Dias (European citizenship)  EUECJ C-325/09 (21 July 2011)
Teixeira (European citizenship)  EUECJ C-480/08 (23 February 2010)
The Higher Courts
Burnip v Birmingham City Council & Anor  EWCA Civ 629 (15 May 2012)
Sandhu v Secretary of State for Work and Pensions  EWCA Civ 962 (10 June 2010) - Disability Living Allowance - Higher rate of the mobility component for a claimant who could only walk with the aid of crutches - Court's power to re-make a decision.
Novitskaya v London Borough of Brent and another  EWCA Civ 1260  AACR 6 (1 December 2009)
Barry v London Borough of Southwark  EWCA Civ 1440 (19 December 2008)
Gargett, R (on the application of) v London Borough of Lambeth  EWCA Civ 1450 (18 December 2008)
The Upper Tribunal
AD v Secretary of State for Work and Pensions  UKUT 307 (AAC) (29 July 2011) -- Whether alcohol and drug dependency constitute 'mental condition'.
DK v Secretary of State for Work and Pensions  UKUT 230 (AAC) (26 May 2011) -- Tribunal's decision to go ahead with hearing in claimant's absence / whether overpayment decision properly made.
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