Social Security

Overview

Barristers appear in courts and tribunals at all levels, working for both the Government or on behalf of individuals, charities and campaign groups. Alongside high-profile Supreme Court, Court of Appeal, High Court and Upper Tribunal appearances, a number of members are regularly instructed to appear in the Court of Justice of the European Union.

Landmark’s barristers have consistently appeared in the majority of the lead cases in social security over the last four decades, and have played a key role in developing social security law, including such early House of Lords and European Court of Justice cases as Woodling [1984] 1 WLR 348, Mallinson [1994] 1 WLR 630, Jackson v CAO [1993] QB 367 and Foster [1993] AC 754. In the last few years barristers have appeared in all of the significant social security cases in the Supreme Court, many of them involving human rights challenges under Article 14 ECHR to key aspects of social security law and policy (for example the “Benefit Cap”, the “Bedroom Tax” and the “Two Child Limit”).

Landmark’s barristers appear for all parties in social security litigation, including individuals, NGOs (especially Child Poverty Action Group, Mind, Shelter, the AIRE Centre), central government especially the Secretary of State for Work and Pensions and HMRC, and local authorities. Many members of Chambers are on the Attorney-General’s panels (view a list here). Members have advised and acted for government on important policy issues and many of the key cases in the field.

Many barristers undertake significant pro bono work in this field for individuals (including via the Free Representation Unit and Bar Pro Bono Unit) and NGOs, as well as acting for individuals on legal aid.

Chambers’ expertise covers the full range of social security work, across all kinds of benefit but also including significant expertise on issues of administrative law, human rights including discrimination, EU law post-Brexit, immigration and rights of residence, and NHS law.

Key Cases

Supreme Court and House of Lords

R (SC & others) v Secretary of State for Work and Pensions [2022] AC 223 (two child limit)

Secretary of State for Work and Pensions v Fratila [2021] UKSC 53

Secretary of State for Work and Pension v MM [2019] UKSC 34 (correct approach to PIP)

RR v Secretary of State for Work and Pensions [2019] 1 WLR 6430 (powers given to public authorities to disapply bedroom tax provisions secondary legislation)

Secretary of State for Work and Pensions v Gubeladze [2019] AC 885 (Worker Registration Scheme)

Secretary of State for Work and Pensions v Tolley [2017] 1 WLR 1261) (circumstances in which a person can export benefit and is an employed person under EU Reg 1408/71)

R (Carmichael) v Secretary of State for Work and Pensions (No 1) [2016] 1 WLR 4550 (successful challenge to the spare room subsidy / bedroom tax in cases involving need for extra room for carer)

Mathieson v Secretary of State for Work and Pensions [2015] 1 WLR 1449 (DLA for children in hospital, Article 14 ECHR)

JS and ors v Secretary of State for Work and Pensions [2015] 1 WLR 1449 (for CPAG in the Benefit Cap challenge in the Supreme Court)

Humphreys v HM Revenue and Customs [2012] 1 WLR 1545 (child benefit and shared child care arrangements)

R (CPAG) v Secretary of State for Work and Pensions [2011] 2 AC 15 (recovery of benefits, for CPAG in successful challenge to government policy in the Supreme Court).

Court of Justice of the European Communities

Case C-709/20 CG v Department of Communities in Northern Ireland (EU settlement scheme and benefit entitlement)

Prefeta Case C-618/16 (legality of UK worker registration scheme)

Gusa v Minister for Social Protection [2018] 2 CMLR 23 (rights of self-employed persons)

Tolley v Secretary of State for Work and Pensions [2016] 1 CMLR 23 (see above)

St Prix v Secretary of State for Work and Pensions [2014] PTSR 1448 (income support, pregnancy and termination of employment)

Stewart v Secretary of State for Work and Pensions [2012] PTSR 1 (free movement, invalidity benefit, habitual residence).

Court of Appeal

HMRC v Carrington [2021] EWCA Civ 1724 (exportability of benefits)

Konevod v Secretary of State for Work and Pensions [2020] EWCA Civ 809 (social security co-ordination rules)

Hickey v Secretary of State for Work and Pensions [2018] 4 WLR 71 (PIP regulations – approach to ‘engage with others face to face’)

Stevenson v Secretary of State for Work and Pensions [2017] EWCA Civ 2123 (Article 14 ECHR, Support for Mortgage interest, disability discrimination)

Blakesley v Secretary of State for Work and Pensions [2015] 1 WLR 3150 (back payments for refugees)

Administrative Court and Upper Tribunal

R (TP and AP) v Secretary of State for Work and Pensions [2018] EWHC 1683 (Universal Credit, disability premiums)

FM v Secretary of State for Work and Pensions [2018] PTSR 1036 (legality of past presence test for Disability Living Allowance)

TW v Secretary of State for Work and Pensions [2017] UKUT 25 (AAC) (legality of transitional scheme to migrate DLA claimants to PIP, Article 14 ECHR).