London Borough of Barnet v Ismail and Another: CA 6 Apr 2006

The court considered the entitlement to housing support of nationals of other EEA states receiving Income Support here despite their being still subject to immigration control.
Held: Such EEA nationals were eligible for housing benefit. The 2000 regulations were in conflict with guidance given by the Secretary of State.
Buxton, Lloyd, Richards LJJ
[2006] EWCA Civ 383, Times 25-Apr-2006, [2006] 1 WLR 2771, [2007] 1 All ER 922
Housing Act 1996 185(2), Homelessness (England) Regulations 2000, Asylum and Immigration Act 1996 13(2)
England and Wales
CitedRegina v Hillingdon London Borough Council ex parte Streeting CA 1980
The court duscussed the extent of the housing duty of an authority toward a person ‘not lawfully here’.
Held: Outstayers should not be qualified for assistance. . .
CitedRegina v Westminster City Council Ex Parte Castelli; Regina v Same Ex Parte Tristan Garcia CA 23-Feb-1996
A Local Authority has a duty to house European Union migrants even without leave to stay as long as they are looking for work. EU nationals who were properly entering the UK were owed the Housing Act duties until they were told that they were . .
CitedChief Adjudication Officer v Wolke; Remelien v Secretary of State for Social Security HL 13-Nov-1997
The claimant was an EC national who had become resident here but was not seeking work, since she cared for her children. The Secretary of State said that since she was not seeking work, she was not entitled to remain and should make arrangements to . .

These lists may be incomplete.
Updated: 28 January 2021; Ref: scu.240104