"Welfare Benefits and Immigration Law" is a straightforward, up-to-date and practical introduction to these two rapidly changing areas of law. Part I examines the social security system in England and Wales, together with the complex legislation that has developed piecemeal over a long period of time. It explains the major forms of benefit available, sets out how entitlement to each one is assessed and highlights the routes of appeal against any decision. There is a list of useful websites and summaries of key points. This new edition includes coverage of many important developments including the Court of Appeal case of Abdirahman and Ullusow v Secretary of State for Work and Pensions  EWCA Civ 657 concerning benefit claims by EEA nationals. It also details two significant changes that are on the horizon.First, in autumn 2008, the Government proposes that, for new claimants, employment and support allowance will replace both incapacity benefit as well as income support paid on the grounds of incapacity.
Also, from April 2009 (but in some areas before that), housing benefit for tenants of private landlords will be calculated and paid by local authorities under a new scheme known as local housing allowance. It will be based on local rents. Part II of the book sets out the provisions of British nationality law and looks in detail at the system of immigration control. It explains the basic concepts involved, such as right of abode, asylum and deportation. It then outlines the procedures involved in appeals against decisions, including the use of judicial review.This section has been fully updated to include the impact of Romania and Bulgaria joining the EU in 2007, details of the 'Life in the UK' test that applicants for settlement or naturalisation must pass, and the revised criteria for eligibility under the highly skilled migrants scheme. Also included is the question of whether the permission to marry scheme complies with the ECHR as answered in the negative by the Court of Appeal in R (Baiai) v Secretary of State for the Home Department  EWCA Civ 478.
The Refugee or Person in Need of International Protection (Qualification) Regulations 2006 (SI 2006/2525) are dealt with in Chapter 13 and are reproduced in Appendix 12. The House of Lords' decision on reg 6(1)(d) in K v Secretary of State for the Home Department; Fornah v Secretary of State for the Home Department  UKHL 45,  1 All ER 671 is included, as is the Home Office 'New Asylum Model' that was introduced in April 2007.
Table of Contents
Welfare BenefitsIntroduction to Welfare BenefitsIntroduction to Non Means-tested BenefitsJobseeker's AllowanceIncapacity and DisabilityRetirement and BereavementMaternity, Children and CarersIntroduction to the Means-tested BenefitsIncome Support and Income-based Jobseeker's AllowanceOther Means-tested BenefitsBenefits and Immigration RequirementsAppendicesImmigration and NationalityIntroductionNationality and Right of AbodeImmigration Status: An IntroductionImmigration Status: Special CategoriesDeportation and Administrative RemovalImmigration AppealsJudicial ReviewAdvising the ClientAppendices
Kevin Browne is an Associate Professor at The College of Law in London. Prior to joining the College he gained extensive experience as a litigator in private practice. Kevin is responsible for the design of the Welfare Benefits and Immigration Law elective at the College.