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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.

Latest Updates

Garden Court Chambers | Wednesday 20 December 2017

Self-employed EU citizens can retain that status under Article 7(3)(b) Directive 2004/38

Florea Gusa v Minister for Social Protection, Ireland, Attorney General, Case C‑442/16, J.L. da Cruz Vilaça, A. Tizzano, E. Levits, A. Borg Barthet and M. Berger, CJEU (Fifth Chamber), 20 December 2017

Garden Court Chambers | Thursday 7 December 2017

Public law defence to possession proceedings

Ahern v Southern Housing Group [2017] EWCA 1934, 28 November 2017

Garden Court Chambers | Thursday 30 November 2017

Possession proceedings – joint tenancies, agency, ratification, surrender and Art.8

Haringey London Borough Council v Ahmed [2017] EWCA Civ 1861, 21 November 2017

Garden Court Chambers | Thursday 30 November 2017

A local authority had not breached its duty under s 5(1) & (2) of Care Act 2014 when making limited increases to fees it paid to care home operators

R. (on the application of Care England) v Essex CC [2017] EWHC 3035 (Admin)

Garden Court Chambers | Friday 24 November 2017

UK required to pay Carer’s Allowance during dispute on whether another EEA state was responsible for paying that benefit

Secretary of State for Work and Pensions v Fileccia [2017] EWCA Civ 1907: Sales, Lindblom and Asplin LJJ, 24 November 2017

Garden Court Chambers | Tuesday 21 November 2017

Possession orders, fraud and fresh evidence on appeal

Mavris v Xylia [2017] EWHC 2949 (Ch), 1 November 2017

Garden Court Chambers | Wednesday 15 November 2017

“Places of safety” under the Mental Health Act 1983 – new regulations

Changes to the powers under ss 135 and 136 of the Mental Health Act 1983 are being brought in by ss 80–83 of the Policing and Crime Act 2017 with effect from 11 December 2017.

Garden Court Chambers | Wednesday 15 November 2017

Zambrano carers: eligibility for welfare benefits and homelessness assistance

R (on the application of HC) v Secretary of State for Work and Pensions [2017] UKSC 73, Lady Hale and Lords Clarke, Wilson, Sumption and Carnwath, 15 November 2017