|Date:||Thursday 24 March 2011|
This seminar is designed to help those working in welfare benefits law who need to know where appeals and judicial review can be used to challenge decisions or delays in social security cases.
The seminar will discuss the range of social security cases where judicial review proceedings (with interim relief) may be appropriate. The speakers will draw attention to the overlap with immigration and housing law, for example where the DWP refuses to process a claim based on a misunderstanding of the claimant's immigration status documents or their status as an EU citizen, or where a notice to quit is issued against a claimant with no security of tenure following rent arrears due to the authority's unlawful housing benefit decision.
By attending delegates will benefit from:
- A greater understanding of the scope for taking social security issues to the higher courts
- An insight into the type of situation where judicial review might be an appropriate remedy to resolve a delay in processing a claim for benefit where the claimant (and their family) is suffering financial hardship
- A greater understanding of right to reside issues in the social security context
- An update on recent case law
Part 1: Statutory Appeals from the Upper Tribunal in Social Security
- The test for permission
- Recent social security cases in the Court of Appeal
- Cases with an EU element
Part 2: Judicial Review and Social Security
- Judicial review and test cases
- Judicial review challenges to decisions where there is no statutory right of appeal
- Challenges to delays in processing a claim (including EU right to reside cases)
- Challenges to negative decisions where the delay in waiting for the statutory appeal to be heard would not be a suitable remedy due to the threat to the claimant's home, they are facing financial hardship or there is a breach of an EU citizen's treaty rights
After the seminar, delegates are invited to join the speakers and other members of Chambers for refreshments and the chance to ask questions informally.
Desmond Rutledge and Adrian Berry