Stewart Wright

  • Benefits and discrimination after 60

    Issue 197 (April 2007)

    Stewart Wright takes a look at recent case law in this area and highlights some areas which remain to be explored.

  • Arguing shared-care cases after Stec

    Issue 194 (October 2006)

    At first blush, it may seem that the ECtHR's decision in Stec has opened up a simple route for successfully applying Hockenjos to all shared cases. Stewart Wright suggests that this is not the case and that such arguments remain difficult.

  • Encouraging thoughts

    Issue 195 (December 2006)

    Stewart Wright reports on the recent Tribunal of Commissioners' decision - CSDLA/133/2005 - which considered whether thinking is a bodily function and whether prompting and motivating can count as attention for AA and DLA purposes.

  • NINO knowledge

    Issue 198 (June 2007)

    Stewart Wright maps out where the requirement to have a national insurance number impacts on benefits and tax credits, and indicates where some legal challenges may arise.

  • Overpayments and recovery at common law

    Issue 196 (February 2007)

    It may have been thought that, with his success in the case of B, the Secretary of State would have been content with the overpayment recovery powers in section 71 of the Social Security Administration Act 1992. However, recent correspondence between the DWP and CPAG reveals that the DWP thinks it also has powers of recovery under the common law. Stewart Wright explains the correspondence, suggests why the DWP may be wrong and how the issue may be tested in court.

  • Thinking is a function of the body

    Issue 193 (August 2006)

    A recent commissioner's decision has accepted that 'thinking' is a bodily function for the purposes of disability living allowance. Stewart Wright considers the decision and the case law which preceded it.