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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Connor Johnston

Housing | Wednesday 5 July 2017

Allocations: local lettings and undisclosed policies

R(C) v Islington London Borough Council [2017] EWHC 1288 (Admin), 31 May 2017

Desmond Rutledge

Welfare benefits | Monday 3 July 2017

The “living in” test - whether a claimant who had been travelling abroad for 15 months is “living in” the Common Travel Area for three months prior to claiming JSA(IB)

TC v Secretary of State for Work and Pensions (JSA) (Residence and presence conditions - habitual residence) [2017] UKUT 222 (AAC), 24 May 2017 (Judge White) The Upper Tribunal decided that the requirement to have been 'living in” the Common Travel Ar

Desmond Rutledge

Housing, Welfare benefits | Monday 3 July 2017

Whether a room is a “bedroom" for the purposes of the bedroom tax

Secretary of State for Work and Pensions v The City of Glasgow Council & IB [2017] CSIH 35, 31 May 2017 The Court of Session in Scotland considers what factors should be taken into account in establishing whether a room is a bedroom for the purpose

Tim Baldwin

Adult social care | Friday 9 June 2017

Care Act and accommodation for adults

SG v Haringey and others [2017] EWCA Civ 322, 3 May 2017

Connor Johnston

Housing | Wednesday 31 May 2017

Homelessness and Article 6 ECHR

Poshteh v Kensington and Chelsea RLBC [2017] UKSC 36, 10 May 2017

Connor Johnston

Housing | Wednesday 31 May 2017

Effective service of a notice to quit

Grimes v the Trustees of the Essex Farmers and Union Hunt [2017] EWCA Civ 361, 19 May 2017

Connor Johnston

Housing | Wednesday 31 May 2017

Circumstances in which local authority may revisit a homelessness decision

R (Sambotin) v the London Borough of Brent [2017] EWHC 1190 (Admin), 19 May 2017

Desmond Rutledge

Welfare benefits | Wednesday 31 May 2017

Poorly drafted online gateway questions do not allow backdating of UC or allow client to be treated as claiming a legacy benefit

AM v Secretary of State for Work and Pensions (UC) [2017] UKUT 131 (AAC)

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