Social Welfare Updates

Our social welfare pages provide bite-sized updates on recent case-law and policy, written by Garden Court barristers specialising in adult social care, children’s services, Court of Protection (health and welfare), housing and homelessness, and welfare benefits.

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Latest Updates

Desmond Rutledge

Welfare benefits | Friday 8 September 2017

New definition of 'self-employed' for working tax credit

JF v Her Majesty's Revenue and Customs (TC): [2017] UKUT 334 (AAC) Importance of being realistic about small sole traders and their audit trails

Desmond Rutledge

Welfare benefits | Friday 8 September 2017

Upper tribunal rules DWP wrong to deny appeals over refused benefits

R(CJ) and SG v Secretary of State for Work and Pensions (ESA): [2017] UKUT 324. Claimants refused access to ESA due to missing time limit for MR win the right to appeal to the First-tier Tribunal (FTT).

Tim Baldwin

Adult social care | Friday 8 September 2017

First Court of Appeal case on duties under Care Act 2014

Davey v Oxfordshire County Council (The Equality & Human Rights Commission and Inclusion London intervening) [2017] EWCA Civ 1308 The Court of Appeal has dismissed an appeal in which the claimant contended that a reduction in his personal budget an

Connor Johnston

Housing | Friday 8 September 2017

Whether accommodation under s193(2) Housing Act 1996 occupied ‘as a dwelling’

Dacorum Borough Council v Bucknall (aka Acheampong) EWHC 2094 (QB), 10 August 2017.

Connor Johnston

Housing | Friday 8 September 2017

Court of Appeal guidance on requirements of lawful allocation scheme

R (H) v Ealing LBC [2017] EWCA Civ 1127, 28 July 2017

Connor Johnston

Housing | Monday 4 September 2017

High Court enforcement of possession orders: notice requirements under CPR 83.13

Partridge v Gupta [2017] EWHC 2110 (QB), 15 August 2017

Connor Johnston

Housing | Monday 4 September 2017

Subletting, SPOs and unlawful profit orders

Poplar Housing and Regeneration Community Association Ltd v Begum [2017] EWHC 2040 (QB), 4 August 2017

Tim Baldwin

Health care | Wednesday 9 August 2017

NHS in England has announced it will fund prescribing PrEP to reduce the risk of being infected with HIV from September

NHS England fought a court case against funding the prescription of PrEP, arguing responsibility for paying for it should fall to local authorities not the NHS. Following defeat in the Courts on 3 August 2017, NHS England announced it will fund the drug f

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