Welfare Benefits

Members of the Welfare Benefits team offer advice and representation in the field of social security on all aspects of welfare benefits law including drafting submissions for tribunals and appearing before the Commissioners and the higher courts.

Garden Court regularly advises housing practitioners on housing benefit issues in possession proceedings for rent arrears. Garden Court Chambers has a particular expertise on eligibility questions relating to welfare benefits based on the claimants immigration status and this includes advising migrant workers and their families under Community law.

Members of the team regularly contribute to publications on welfare benefit issues including: the Housing Benefit Update in LAG Magazine; the Journal of Social Security Law; the JCWI Handbook, 6th edition and contributions to MacDonald's Immigration Law and Practice, 7th edition.

Recent notable cases include:

Gargett, R (on the application of) v London Borough of Lambeth [2008] EWHC 663 (Admin) - Whether a claimant can be entitled to a discretionary housing payment if they are in receipt of maximum housing benefit and council tax benefit.

CJSA/2663/2006 - [2007] UKSSCSC CJSA_2663_2006 Jobseeker's allowance - On whether a lone parent who was also a full-time student who was refused contributory-based JSA during the summer vacation because she was not a member of a couple could claim that the rule was discriminatory against lone parents based on Article 14 and A1P1 of the ECHR. Desmond Rutledge

R (Hook on the application of) v Secretary of State for Work and Pensions [2007] EWHC 1705 (Admin) (R(IS) 7/07) - Income support and housing benefit - On whether a decision not to award welfare benefit could amount to a breach of a claimant's Convention rights under Article 8 due to the disproportionate impact upon the individual claimant. Stephen Knafler and Desmond Rutledge

Rowley v Secretary of State for Work and Pensions (2007)
Whether common law of duty was owed to child support applicant by the SSWP under the Child Support Act 1991.
[2007] EWCA Civ 598 19/6/2007. Reported at [2007] 3 FCR 431
Adrian Berry

Secretary of State for Work and Pensions v Bhakta [2006] EWCA Civ 65 - Income support - On the habitual residence test and the use of the advanced awards provisions where the length of actual residence was the only outstanding issue. The ruling was welcomed by welfare advice agencies but was subsequently reversed by SI. 2007/1331.
Desmond Rutledge

Szoma v Secretary of State for Work and Pensions (2005)
The meaning of 'lawful presence' for social security purposes
[2005] UKHL 64 27/10/05. Reported at (2006) 1 AC 564.
Duran Seddon

[2005] UKSSCSC CIS_2680_2004 (2005)
This concerned a Dutch national who came to the UK with her children having been in receipt of the equivalent to Income Support in Holland as a lone parent. The case considered the compatibility of the habitual residence test with EU law and the applicability of Reg EEC No. 1408/71, in particular, whether a claimant could come within the person scope of the Regulation merely by having been subject to the social security legislation of one or more Member States.
Reported as R(IS) 1/06 12/8/05 .
Desmond Rutledge

Department for Works & Pensions v Richards (Michael) (2005)
Criminal compensation orders in social security benefit overpayment cases
[2005] EWCA Crim 491 3/3/05. Reported at Times, March 11, 2005
Jan Luba and Kate Aubrey-Johnson

Cooke v Secretary of State for Social Security (2002)
Correct test for appeal to Court of Appeal from Social Security Commissioner and other specialist tribunals
[2001] EWCA Civ 734 25/4/01. Reported at [2002] 3 All ER 279
Rajeev Thacker

Civil Clerks

If you would like more information about our Welfare benefits team email the clerks civilclerks@gclaw.co.uk
or call us on 020 7993 7600

The team

Members of the Welfare Benefits team are listed below - click on their names to go to their profiles.

Barrister Year of Call Email Address Jan Luba QC 1980 janl@gclaw.co.uk Bethan Harris 1990 bethanh@gclaw.co.uk Stephen Knafler 1993 stephenk@gclaw.co.uk Rajeev Thacker 1993 rajeevt@gclaw.co.uk Duran Seddon 1994 duran@gclaw.co.uk Adrian Berry 1998 adrianb@gclaw.co.uk Marina Sergides 2000 marinas@gclaw.co.uk Desmond Rutledge 2001 desmondr@gclaw.co.uk Tim Baldwin 2001 timothyb@gclaw.co.uk Stephen Marsh 2005 stephenm@gclaw.co.uk