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Social Welfare Updates

Our social welfare pages provide bite-sized updates on recent case-law and policy, written by Garden Court barristers specialising in adult social care, children’s services, Court of Protection (health and welfare), housing and homelessness, and welfare benefits.

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Latest Updates

Desmond Rutledge

Welfare benefits | Wednesday 29 May 2019

Social Welfare Update: Court of Appeal rules that evidence of a person’s motives, intentions and expectations was not to be ignored when deciding the ‘genuine and sufficient link’ test for disability benefits

Kavanagh & Anor v The Secretary of State for Work and Pensions [2019] EWCA Civ 272, Sir Terence Etherton MR, McCombe, Haddon-Cave LJJ; 07 March 2019.

Desmond Rutledge

Welfare benefits | Tuesday 28 May 2019

Social Welfare Update: Someone who is appealing a decision to refuse an application to vary leave is classified as a person subject to immigration control under s.115(9)(d) of the Immigration and Asylum Act 1999 and therefore excluded from benefits

EE v City of Cardiff (HB) [2018] UKUT 418 (AAC), 11 December 2018, UTJ R Poynter

Desmond Rutledge

Welfare benefits | Tuesday 28 May 2019

Social Welfare Update: Revised benefit cap does not discriminate against lone parents with children below school age under arts 14 and 8 ECHR nor does it breach art 3(1) UNCRC

R (DA & Ors) v Secretary of State for Work and Pensions [2019] UKSC 21, Lady Hale PSC, Lord Reed DPSC, Lord Kerr JSC, Lord Wilson JSC, Lord Carnwath JSC, Lord Hughes JSC, Lord Hodge JSC, 15 May 2019

Bethan Harris

Adult social care, Capacity, Court of Protection | Tuesday 28 May 2019

Social Welfare Update: Court of Protection: Personal health budget with third-party brokerage; lack of alternative options

Harrow CCG v IPJ, IJJ and AJ (by his litigation friend, the Official Solicitor)[2018] EWCOP 44, HHJ Hilder, 20 April 2019

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