Tag 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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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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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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How housing practitioners can use public law arguments to resolve housing benefit issues where a tenant’s home is under threat

Desmond Rutledge explains how housing practitioners can use public law arguments to resolve housing benefit issues where a tenant’s home is under threat due to possession proceedings. In an article published in this month’s Legal Action Group Magazine (July/August p … Continue reading

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What legal aid is still available for work undertaken on welfare benefits post-LASPO?

Desmond Rutledge examines the availability of public funding for welfare benefits cases in the Upper Tribunal and by way of judicial review. The proposal to remove legal aid for welfare benefits cases In November 2010, the Government published Proposals for … Continue reading

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