Compatibility with EU law of statutory provisions governing eligibility for various non-contributory benefits which were inserted into existing Regulations by the Social Security (Income-related Benefits) (Updating and Amendment) (EU Exit) Regulations 2019 (‘the 2019 Regulations’). In broad terms, the 2019 Regulations prevent leave to remain in the United Kingdom arising from pre-settled status granted under the EU Settlement Scheme (‘EUSS’) from constituting a qualifying right of residence for the purposes of eligibility for the relevant benefits. The case has been argued by reference to the amendment which the 2019 Regulations made to the Universal Credit Regulations 2013, which govern eligibility for universal credit. The 2019 Regulations also made analogous amendments to six other sets of Regulations, which relate to other benefits.
Lord Reed, President,
Lord Hodge, Deputy President,
Lord Lloyd-Jones,
Lord Sales,
Lord Hamblen
[2021] UKSC 53
Bailii, SC Sumnmary, Bailiii Issues and Facts
England and Wales
European, Benefits
Updated: 02 December 2021; Ref: scu.670250