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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Desmond Rutledge

Welfare benefits | Tuesday 24 May 2016

Commerciality of a letting provided by a son to his sick mother

In CE v Maldon District Council [2015] UKUT 565 (AAC) (Judge Mark), the Upper Tribunal considered the effect on commerciality of a letting between a son and his mother where the mother was suffering from a fatal illness.

Desmond Rutledge

Welfare benefits | Tuesday 24 May 2016

Benefit sanctions and delays among the most common causes for people falling into destitution

A report published on 27 April 2016 by the Joseph Rowntree Foundation (JRF) found that 1.25 million people in the UK are destitute, including over 300,000 children.

Desmond Rutledge

Welfare benefits | Tuesday 24 May 2016

Universal Credit has been watered down so much that it risks failing to achieve its original purpose, warns Resolution Foundation

In a report published on 3 May 2016, the Resolution Foundation think tank states that cuts to Universal Credit work allowances have undermined the incentive to enter work for a short number of hours.

Desmond Rutledge

Welfare benefits | Tuesday 24 May 2016

The Right to Reside: The primary carer of a child in education

In IP v Secretary of State for Work and Pensions (IS) [2015] UKUT 691 (AAC) CIS/2790/2012 (Judge Jacobs) the Upper Tribunal considered the position where the EEA worker was not the child’s biological parent.

Connor Johnston

Housing | Tuesday 24 May 2016

Is a private registered provider of social housing amenable to judicial review?

R (Macleod) v Governors of Peabody Trust [2016] EWHC 737 (Admin) (William Davis J)

Connor Johnston

Housing | Tuesday 24 May 2016

'Working households' provision in Ealing allocation scheme results in unlawful discrimination

R (H) v Ealing LBC [2016] EWHC 841 (Admin) (HHJ Waksman QC)

Connor Johnston

Housing | Tuesday 24 May 2016

Installing bannister an improvement not a repair

Sternbaum v Dhesi [2016] EWCA Civ (Hallett LJ, Briggs LJ, Moylan J)

Connor Johnston

Housing | Tuesday 24 May 2016

Material change in circumstances needed to justify repeat stay application

Hall v Elia, 11 March 2016 (Proudman J)

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