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 (under the Legal Help Scheme) and appearing before the Upper Tribunal (Administrative Appeals) Chamber (representation can be funded under exceptional funding scheme) and the higher courts (where civil legal aid is available).

The Welfare Benefits Team at Garden Court also 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 EU law.

Members of the team regularly contribute to publications on welfare benefit issues including: the Housing Benefit Update in Legal Action Group Magazine; the Journal of Social Security Law; the JCWI Handbook, 6th edition and contributions to MacDonald's Immigration Law and Practice.

Notable Cases

Court of Justice of the European Union

Dias (European citizenship) [2011] EUECJ C-325/09 (21 July 2011)
Free movement of persons - Directive 2004/38/EC - Article 16 - Right of permanent residence - Periods completed before the date of transposition of that directive - Legal residence - Residence based solely on a residence permit issued pursuant to Directive 68/360/EEC, without the conditions governing eligibility for any right of residence having been satisfied
Adrian Berry

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

The Higher Courts

Secretary of State for Work and Pensions v Payne and Anor [2011] UKSC 60 (14 December 2011) (junior counsel) - Test case in which the Supreme Court held that the Secretary of State has no power to recoup such social security debts both when a Debt Relief Order had been made and on the making of a bankruptcy order; R v Secretary of State for Social Security, Ex p Taylor and Chapman [1997] BPIR 505 (HC) overruled.
Desmond Rutledge

Scott v Secretary of State for Work and Pensions [2011] EWCA Civ 103, [2011] AACR 23 (21 January 2011) - State pension credit - minimum guarantee - meaning of "members of a religious order fully maintained by their order".
Stephen Knafler QC and Desmond Rutledge

Sandhu v Secretary of State for Work and Pensions [2010] 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. Desmond Rutledge

Novitskaya v London Borough of Brent and another [2009] EWCA Civ 1260 [2010] AACR 6 (1 December 2009)
Whether a request for benefits in general terms can constitute claim for housing benefit.
Adrian Berry

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

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

The Upper Tribunal

AD v Secretary of State for Work and Pensions [2011] UKUT 307 (AAC) (29 July 2011) -- Whether alcohol and drug dependency constitute 'mental condition'.
Desmond Rutledge

DK v Secretary of State for Work and Pensions [2011] UKUT 230 (AAC) (26 May 2011) -- Tribunal's decision to go ahead with hearing in claimant's absence / whether overpayment decision properly made.
Desmond Rutledge

CP v Secretary of State for Work and Pensions [2011] UKUT 157 (AAC) (7 April 2011) -- Whether compensation to disabled claimant for death of mother when she was a child should be ignored as capital / whether failure to make special provision breached human rights.
Desmond Rutledge

RM v Secretary of State for Work and Pensions (SF) [2010] UKUT 220 (AAC), [2011] AACR 8 (1 July 2010) - Human rights - funeral payment - whether statutory scheme discriminatory contrary to Article 14 of the Convention in case of Jewish funeral.
Desmond Rutledge

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.

Barrister Year of Call Email Address James Bowen 1979 Send Email Jan Luba QC 1980 Send Email Bethan Harris 1990 Send Email Stephen Knafler QC 1993 Send Email Duran Seddon 1994 Send Email Adrian Berry 1998 Send Email Marina Sergides 2000 Send Email Desmond Rutledge 2001 Send Email Tim Baldwin 2001 Send Email Stephen Marsh 2005 Send Email Alex Grigg 2007 Send Email