The claimant, an EU national, came to the UK to join her son. He had worked but became dependent on benefits. She sought payment of the State Pension.
Held: A refusal to pay the pension would dissuade workers from moving around within the EU, and was therefore contrary to EU law and the Citizens Directive. Dependency in the state of origin need not be proved for family members. It was sufficient if, as was alleged here, the dependency arose in the host state.
Judges:
Lord Justice Mummery, Lord Justice Sullivan and Lord Justice Goldring
Citations:
[2009] EWCA Civ 1358, Times 05-Jan-2010
Links:
Statutes:
State Pension Credit Regulations 2002 2(4), State Pension Credit Act 2002 1(2), EC Treaty 18, Directive 2004/38/EC (the Citizens’ Directive)
Jurisdiction:
England and Wales
Citing:
Cited – Metock And Others v Minister for Justice, Equality and Law Reform ECJ 25-Jul-2008
ECJ Directive 2004/38/EC – Right of Union citizens and their family members to move and reside freely in the territory of a Member State – Family members who are nationals of non-member countries – Nationals of . .
Cited – KG (Sri Lanka) v Secretary of State for the Home Department CA 21-May-2008
. .
Cited – Minister Voor Vereemdelingenzaken en Integratie v RNG Eind ECJ 5-Jul-2007
ECJ Freedom of movement for persons – Workers Right of residence for a family member who is a third-country national – Return of the worker to the Member State of which he is a national – Obligation for the . .
Cited – Zhu, Chen v Secretary of State for the Home Department ECJ 19-Oct-2004
ECJ (Free Movement of Persons) Right of residence – Child with the nationality of one Member State but residing in another Member State – Parents nationals of a non-member country – Mother’s right to reside in . .
Cited – Yunying Jia v Migrationsverket (Free Movement Of Persons) ECJ 9-Jan-2007
Europa Freedom of establishment Article 43 EC Directive 73/148/EEC National of one Member State established in another Member State Right to residence of a spouse’s parent, the spouse and the parent being . .
Lists of cited by and citing cases may be incomplete.
Benefits, European
Updated: 11 August 2022; Ref: scu.384064
