Welfare Rights search

Tessa Gregory from Public Interest Solicitors considers the implications of the Supreme Court judgment in R (Reilly and Wilson) v Secretary of State for Work and Pensions.

Three single-parent families lost their judicial review challenge to the regulations implementing the £500 weekly cap on benefits in R(JS and others) v Secretary of State for Work and Pensions [2013] EWHC 3350 (QB). Mike Spencer discusses the ruling and the implications for other families affected by the benefit cap.

Simon Osborne describes a current split in the caselaw on the question of whether someone’s ability to ‘mobilise’ with a manual wheelchair refers only to functional limitations, or to wider personal factors such as the ability to store the chair. The split will hopefully be resolved in a forthcoming decision of a three-judge panel of the Upper Tribunal.

David Simmons looks at the rules and recent caselaw relating to the determination of appeals in the absence of claimants.

There have been several recent challenges to the much criticised bedroom tax/removal of the spare room subsidy. CPAG’s Legal Officer Mike Spencer gives an update and advice on how affected tenants can appeal.

Martin Williams discusses the implications of the recent judgment of the European Court of Justice in Brey, and whether it can be of assistance to European Union (EU) nationals who would otherwise fail to establish a right to reside in the UK.

Tom Royston from Garden Court North Chambers provides some ideas on how to cope with delays in getting appeals listed before a Tribunal.

New rules about appeal rights and making appeals against benefit decisions are due for widespread implementation from 28 October. Simon Osborne describes what is happening.

Jennie Hammond, tax and benefits adviser at Advice NI, provides an update on HMRC investigations on the legitimacy of single tax credit claims, often based on data supplied by credit reference agencies.

On 1 July 2013 Croatia became the newest member of the European Union (EU). Henri Krishna outlines the changes.

PLEASE NOTE: this article argues that JI v HMRC is not binding. That position is incorrect. However the other reasons given in the article as to why JI is wrongly decided may still be used. Please see also the further article (Feb 2015)

A Northern Ireland Social Security Commissioner has held that the right-to-reside test cannot lawfully be applied in child benefit cases. The successful claimant was represented by Patricia Carty of the Law Centre Northern Ireland. Martin Williams discusses the case.