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Discrimination

Selected Works

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Social Welfare Law

2012

Articles 1 - 2 of 2

Full-Text Articles in Law

Equal Protection, Immigrants And Access To Health Care And Welfare Benefits, Mel Cousins Dec 2011

Equal Protection, Immigrants And Access To Health Care And Welfare Benefits, Mel Cousins

Mel Cousins

The introduction of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) led to considerable litigation on the rights of immigrants to welfare benefits and access to health care. There was considerable divergence between the approaches adopted by the different courts (both federal and State) based, in part, on the different statutory schemes involved but also on different approaches to equal protection. However, none of the cases reached the Supreme Court so the ‘correct’ approach remained unclarified. Perhaps inspired by the fiscal crisis of 2008, several States have again excluded certain legal immigrants from the scope of State …

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The Impact Of Recent Cjeu Rulings On The Presence And Residence Rules For United Kingdom Disability Benefits, Mel Cousins Dec 2011

The Impact Of Recent Cjeu Rulings On The Presence And Residence Rules For United Kingdom Disability Benefits, Mel Cousins

Mel Cousins

This article examines a number of recent decisions of the Court of Justice of the European Union (“CJEU”) and their impact on the presence and residence rules for disability benefits, in particular the disability living allowance (“DLA”). It considers the approach which the courts may take to the export of disability benefits in the light of these recent decisions.

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