Search
Close this search box.
JOIN / LOGIN

Author: Desmond Rutledge

Picture of Desmond Rutledge

Desmond Rutledge

Desmond Rutledge is a barrister at Garden Court Chambers where he is a member of the public law and the welfare benefits team. He has in-depth experience in cases where there is a cross over with immigration and community care issues. He writes and provides training on welfare benefits issues and contributed the section on welfare benefits for migrants in Chapter 14 of Macdonald’s Immigration Law and Practice (9th edn) published February 2015.

Denying Universal Credit to Teixeira carers is incompatible with EU law

The derivative right to reside as a primary carer of a child in education is largely a creation of the Court of Justice of the European Union (CJEU): see Teixeira […]

...
6th January 2021
BY Desmond Rutledge

Court of Justice to decide whether self-employed women have Saint Prix maternity rights

In Her Majesty’s Revenue and Customs v HD (CHB) (Second interim decision) [2018] UKUT 148 (AAC), the Upper Tribunal decided to make a reference to the Court of Justice of the […]

...
22nd May 2018
BY Desmond Rutledge

Whether the right to reside test complies with EU law when applied to ‘family benefits’

Desmond Rutledge considers the Advocate General’s Opinion (C-308/14) on the EU Commission’s action against the United Kingdom’s use of the right to reside test. This post was originally published on […]

...
22nd October 2015
BY Desmond Rutledge

The Dano Effect: The restriction on benefits paid to EU citizens who are former workers

Desmond Rutledge examines the recent decision in Alimanovic (C-67/14) which holds that it is lawful for a Member State to restrict the period a former worker from another Member State can […]

...
21st October 2015
BY Desmond Rutledge

Backdating welfare benefits payments to those recognised as refugees in the UK

In Blakesley v Secretary of State for Work and Pensions [2015] EWCA Civ 141 the Court of Appeal considered whether the UK Government is in breach of its international obligations […]

...
12th March 2015
BY Desmond Rutledge

Benefits to be withdrawn from EEA jobseekers previously unaffected by the January 2014 changes

In January 2014, the Government introduced a number of measures aimed at restricting EEA migrants’ access to income-based JSA. A key change was the introduction of a statutory presumption that […]

...
24th February 2015
BY Desmond Rutledge

Challenging a refusal of permission to appeal by the Upper Tribunal

This piece started life as a practice note for welfare benefits cases but the same principles are transferrable to the immigration jurisdiction so we thought it would be helpful to […]

...
16th February 2015
BY Desmond Rutledge

New Zambrano case: Good news and bad news for Zambrano carers

Court of Appeal rules that the Zambrano status arises immediately and there is no need to show destitution. However, Zambrano carers have no entitlement to mainstream social assistance following the […]

...
10th February 2015
BY Desmond Rutledge

Existing EEA migrants at risk of destitution following the removal of Housing Benefit

New Social Security Advisory Committee Report voices concerns On 20 November 2014, the Social Security Advisory Committee (SSAC) published its Report on the regulations which remove entitlement to Housing Benefit […]

...
25th November 2014
BY Desmond Rutledge

Dano and the exclusion of inactive EU citizens from certain non-contributory social benefits

When the Grand Chamber handed down its judgment in Dano v Jobcenter Leipzig (C-333/13) on 11 November 2014, it was the subject of much media attention: Germany can deny benefits to […]

...
19th November 2014
BY Desmond Rutledge
Login
Or become a member of Free Movement today
JOIN
Verified by MonsterInsights