The Regulations provided that income support was not payable for a dependent child for any period of four weeks or more where the child was outside Great Britain. The claimant, a Portuguese national had come to Great Britain but had been incapable of work for incapacity. His child returned to Portugal to stay with his grandmother from time to time. He said that the regulatins discriminated indirectly against migrant workers.
Held: The Regulations were indirectly discriminatory Where it was otherwise clear that such a regulation affected a significant number of people in this way statistical evidence might not be necessary to support a claim. The test was through a comparison between the children of resident and migrant workers.
Judges:
Lord Justice Pill, Lord Justice Buxton and Lord Slynn Of Hadley
Citations:
[2005] EWCA Civ 111, Times 14-Mar-2005
Links:
Statutes:
Income Support (General) regulations 1987 (1987 No 1967)
Jurisdiction:
England and Wales
Citing:
Applied – O’Flynn v Adjudication Officer ECJ 23-May-1996
A condition on the making of a funeral grant that the deceased be buried in that country was unlawful. Article 7(2) of Regulation No 1612/68 on freedom of movement for workers within the Community precludes a rule of a Member State which makes grant . .
Lists of cited by and citing cases may be incomplete.
Benefits, Discrimination, European
Updated: 29 June 2022; Ref: scu.222713
