Welfare benefits | Wednesday 23 December 2020
Social Welfare Update: Extension of Past Presence Test for DLA breaches disabled children’s Art 14 ECHR rights
Blog by Desmond Rutledge of the Garden Court Chambers Welfare Benefits Law Team on TS (by TS) v Secretary of State for Work and Pensions (DLA); EK (by MK) v Secretary of State for Work and Pensions (DLA) [2020] UKUT 284 (AAC)
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.
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
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