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.

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 v Lambeth LBC (C-480/08) and Ibrahim v Secretary of State for the Home Department (C-310/08). The right is ultimately based...

6th January 2021
BY Desmond Rutledge

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 European Union. The question is whether an EU national who was self-employed before pregnancy and childbirth can rely on...

22nd May 2018
BY Desmond Rutledge

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 the Garden Court Chambers Blog. The origins of the Commission’s action against the UK In European Commission v United Kingdom...

22nd October 2015
BY Desmond Rutledge

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 access benefits upon becoming involuntarily unemployed based on Dano (C-333/12). This post was originally published on the Garden Court...

21st October 2015
BY Desmond Rutledge

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 towards refugees because of the lack of any provision to make back-payments of welfare benefits to those asylum seekers who,...

12th March 2015
BY Desmond Rutledge

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 entitlement to income-based JSA (‘JSA(IB)’) would be limited to a period of three months (or six months for EEA nationals...

24th February 2015
BY Desmond Rutledge

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 share it here on Free Movement as well. If permission to appeal against a decision of a First-tier Tribunal in...

16th February 2015
BY Desmond Rutledge

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 amendment to the habitual residence test in November 2012. In Sanneh & Ors v Secretary of State for Work and...

10th February 2015
BY Desmond Rutledge

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 for certain categories of European Economic Area (EEA) jobseekers. The Committee expresses a number of concerns about the impact of...

25th November 2014
BY Desmond Rutledge

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 jobless EU migrants, court rules (The Guardian), Landmark ECJ ruling boosts David Cameron’s bid to clamp down on EU...

19th November 2014
BY Desmond Rutledge
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