Full time students, who are lone parents, are now eligible to claim Jobseeker's Allowance or Income Support during the summer vacation following a successful Human Rights challenge in which Desmond Rutledge appeared on behalf of the claimant and was instructed by Pierce Glynn Solicitors.
A Social Security Commissioner in CJSA/2663/2006 held that the rule excluding lone parents from benefits during the summer vacation had an adverse impact on woman and was therefore incompatible with Article 14 and A1P1 of the ECHR. The regulations have subsequently been amended. For further details see Social Security (Students Responsible for Children or Young Persons) Amendment Regulations 2008 (SI.No.1826/2008), which came into force from 9 July 2008, and the official guidance in 'Memo DMG 20/08'.
UK Social Security and Child Support Commissioners' Decision
Desmond Rutledge is a general civil practitioner who specialises in social welfare law. He acts for claimants in social security proceedings, including cases before the Commissioners and the superior courts. Desmond also provides written advice on welfare benefit issues which arise in a range of areas including immigration, housing, community care, family law and benefit fraud. Read more
