Category Archives: Welfare benefits

Whether the right to reside test complies with EU law when applied to ‘family benefits’

Desmond Rutledge considers the Advocate General’s Opinion (C-308/14) on the EU Commission’s action against the United Kingdom’s use of the right to reside test The origins of the Commission’s action against the UK In European Commission v United Kingdom of … Continue reading

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The Dano Effect – The restriction on benefits paid to EU citizens who are former workers

Desmond Rutledge examines the recent decision in Alimanovic (C-67/14) which holds that it is lawful for a Member State to restrict the period a former worker from another Member State can access benefits upon becoming involuntarily unemployed based on Dano (C-333/12). Continue reading

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The legal challenge to the ‘bedroom tax’ – a new hope

Desmond Rutledge reviews the prospects of the bedroom tax litigation succeeding in the light of the recent Supreme Court judgment in the household benefit cap case. Welfare Benefits and Human Rights The importance of social security is recognised in a … Continue reading

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Is the Cart-threshold being set too high?

Desmond Rutledge and Zubier Yazdani consider the hurdles facing welfare benefit claimants seeking to use the Cart test. Introduction Speaking generally, a First-tier Tribunal (‘FtT’) has a wide discretion when making case management decisions, such as whether to adjourn, so … Continue reading

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Challenging a Refusal of Permission to Appeal by the Upper Tribunal (Administrative Appeals Chamber) in a Welfare Benefits Case – A Practice Note

Desmond Rutledge provides a practice note on challenging a refusal of permission to appeal by the Upper Tribunal (Administrative Appeals Chamber) in a welfare benefits case. What options do claimants have if the Upper Tribunal refuses permission to appeal? If permission … Continue reading

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Are welfare benefits exempt from bank charges under section 187(1) of the Social Security Administration Act 1992?

Desmond Rutledge considers whether the protection conferred on welfare benefits under Social Security legislation continues once those benefits have been paid into a current bank account. Are welfare benefits protected from recovery of a debt owed to a bank? Welfare … Continue reading

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The gaps in the welfare ‘safety net’ and the scope for using judicial review

Desmond Rutledge considers the use of judicial review as a remedy of last resort in welfare benefits cases where the claimant is in financial crisis The growth of gaps in the welfare safety net – the political backdrop Since coming … Continue reading

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