The court was asked whether an EU migrant worker was entitled to the protection of the homelessness provisions of the 1996 Act: ‘he is if he is a migrant worker from another EU country, exercising his EU rights as an Austrian citizen to work in another country. Otherwise he is not.’
Held: His appeal from the County Court failed. Even though he was a migrant worked, he was not entitled to the benefit of the 1996 Act if he did not establish that he was unable to work from either illness or acident.
Hughes, Etherton, Tomlinson LJJ
 EWCA Civ 1468,  WLR(D) 336
Housing Act 1996, Immigration (European Economic Area) Regulations 2006, Council Directive 2004/38/EC 7(3)(a)
England and Wales
Appeal from – Mirga v Secretary of State for Work and Pensions, Samin v Westminster City Council SC 27-Jan-2016
The claimants, a Polish national and an Austrian national, appealed against decisions of the Court of Appeal upholding decisions that they were not entitled to certain benefits, namely income support and housing assistance respectively, pursuant to . .
These lists may be incomplete.
Updated: 23 April 2021; Ref: scu.466386