The successful candidate may be based at the Law Centre (NI) Belfast Office at 124 Donegall Street, and/or the Western Area Office at 9 Clarendon Street, Derry.

Closing date for applications is Friday 31 May 2013 at 2.00 pm. Interviews will be held on Tuesday 11 June 2013.

For more details and an application form visit the Work With Us page.

Law Centre (NI) e-newsletter May 2013

Feedback welcome.  To receive our monthly enewsletter, please email fionna.haddick@lawcentreni.org 

Read past issues here.

(Sexually exploited and trafficked young people project)

 21 hours per week. Based in Belfast

This is a three year Comic Relief funded project to provide a specialist legal and policy service relating to sexually exploited and trafficked young people. Secondment applications will be considered.

We are seeking candidates who are solicitors or barristers with at least the full time equivalent of one year’s post qualification experience of providing advice, casework and legal representation in the area of immigration law. Policy and lobbying experience is an advantage.

For more details and an application form, see the Work With Us page.

This Law Centre (NI) briefing outlines the key points of a high court judgement on the resettlement of long term patients of Muckamore hospital and its broader implications in the field of health and social care law.

In a case taken by the Law Centre on behalf of an EU8 national, Commissioner Mullan found that she should be entitled to Child Benefit and that applying the right to reside rule in her case was unlawful direct discrimination under Article 3 of EC Regulation 1408/71.

A first in the UK, this is a very significant decision on right to reside requirements for benefit entitlement.

Regulation 1408/71 and the right to reside test

The Commissioner held that an EU8 national subject to registration requirements should be entitled to Child Benefit where s/he falls within the scope of EC Regulation 1408/71.  EU8 nationals are nationals of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia or Slovenia.

Our client had worked and paid tax and national insurance in the UK for over twelve months.  Although her employer had not registered this employment under the Worker Registration Scheme, it brought her within Regulation 1408/71, which prohibits direct discrimination on grounds of nationality.

Regulation 1408/71 (as well as Reg 883/2004 which has since replaced it) concerns the co-ordination of social security systems. It applies to all EU member state nationals who are or have been covered by the social security system of one of the member states, as well as members of their family and their survivors. 

The Commissioner distinguished his decision from the Supreme Court Decision in Partmalniece v Secretary of State for Work and Pensions 2011, which considers the habitual residence test.

Child Benefit entitlement is based on an ordinary residence and right to reside test (rather that a habitual residence and right to reside test).  Commissioner Mullan held that, unlike the habitual residence test which UK nationals can also fail, the ordinary residence provision is rarely failed by UK nationals, so that, in effect, the only residence test for entitlement to Child Benefit is the right to reside test.  As all UK nationals satisfy the right to reside test, in the context of Child Benefit it is directly discriminatory to non UK nationals.

Wider implications

As well as EU8 nationals, this decision may be of assistance to Romanian and Bulgarian nationals who could raise similar arguments.  It would also help Croatian and Serbian nationals when their countries join the EU.

Economically inactive EU nationals, such as those not working due to caring responsibilities, may also be able to rely on this decision if they come within the Regulation.

Child Tax Credit, Working Tax Credit, ESA in youth – among other benefits – also have an ordinary residence and right to reside rule, so the decision may have relevance to similar disputes for entitlement to those benefits.

HMRC has until 21 May to appeal.

Several new courses are being offered by Law Centre (NI).

Book now for courses on:

Personal Independence Payment

Understanding Universal Credit

Mental Health Law

and our Welfare Rights Adviser Programme

For more details and application forms visit the Courses page

The 2013-2014 Benefit & Tax Credit rates are now available, and can be downloaded as a handy chart using the link below:

Benefit & Tax Credits 2013-2014 (PDF)

Law Centre (NI) has passed Lexcel reassessment. Lexcel is the Law Society’s international practice management standard awarded to solicitors and legal services providers who meet the highest management and customer care standards.

The Law Centre has also been successful in achieving the new Investors in People Health and Wellbeing Award. This is in addition to being reaccredited for the IIP Core Standard and Bronze Award.

The assessment report commented: ‘This Investors in People review has shown the Law Centre to be a dynamic and forward thinking organisation, with clear objectives and plans for future development and improvement.'

In May 2012, the Department of Health Social Services and Public Safety (NI) issued Guidance entitled
‘‘Direct Payments for Persons who lack Capacity to Consent’’.

The guidance sets out interim arrangements for the provision of direct payments to adults who lack the necessary mental capacity to consent to receive direct payments.

This briefing gives a summary of the guidance. It examines the actions that must be taken by Health and Social Care Trusts in existing direct payments cases and for new applications.

It also highlights the role of the ‘authorised person’ in the context of direct payments provision.