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

Garden Court Chambers | Friday 24 September 2010

Migrants

On 24 April 2015 the DWP issued guidance in relation to removing the right of EEA nationals and their family members to claim universal credit. The new guidance provides advice to decision makers on the Universal Credit (EEA Jobseekers) Amendment Regulations 2015(SI.No.546/2015) which, from 10 June 2015, provide that EEA nationals who are jobseekers and […]

Garden Court Chambers | Friday 24 September 2010

Health Care

R (on the application of Tony Nicklinson & another); R (on the application of AM) v (1) Ministry of Justice (2) DPP [2014] UKSC 38 (Lord Neuberger (President), Lady Hale JSC, Lord Mance JSC, Lord Kerr JSC, Lord Clarke JSC, Lord Wilson JSC, Lord Sumption JSC, Lord Reed JSC, Lord Hughes JSC): On dismissing the […]

Garden Court Chambers | Sunday 19 September 2010

Practice Note: The Government’s view of reform of adult social care

On the 16 September 2010 the Department of Health, on behalf of the Government, responded to the Law Commission’s consultation paper “Adult Social Care” consultation paper 192 (click here to access the consultation paper). The Government stated, in addition to the response, the following: “The Government therefore agrees with the Law Commission that the legislative […]

Garden Court Chambers | Thursday 16 September 2010

Housing Benefit cuts – the proposed changes to local housing allowance in 2011

Changes to Housing Benefit paid in the private sector in the form of local housing allowance were first announced in the Emergency Budget in June 2010. From April 2010 the changes include: – local housing allowance levels will be restricted to the 4 bedroom rate; a new upper limit will be introduced for each property […]

Garden Court Chambers | Saturday 11 September 2010

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Garden Court Chambers | Friday 10 September 2010

Age dispute challenges post A v Croydon in the Supreme Court

1. A decision on age for an unaccompanied young person is a gateway decision used for the purposes of determining eligibility for services and accommodation under sections 17 and 20 of the Children Act 1989 and has important legal implications on the way the UK Border Agency decides a young person’s immigration status. 2. Until […]

Garden Court Chambers | Friday 10 September 2010

Appeal tribunals’ power to reduce an existing award of DLA

An appeal tribunal’s jurisdiction to deal with an aspect of an award not put in issue between the parties, and the circumstances in which a tribunal may exercise its jurisdiction, can raise difficult questions of procedural fairness and has been the subject of a number of recent decisions of the Upper Tribunal. Claimants who have […]

Garden Court Chambers | Friday 3 September 2010

Health Care for Migrants

In ZO (Somalia) v Secretary of State for the Home Department [2010] UKSC 36, the Supreme Court held that Council Directive 2003/9/EC ("the Reception Directive") applied to asylum-seekers who purported to make a fresh asylum claim, after the final rejection of an earlier claim. Click here for the transcript. One of the consequences of that, […]

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