The court considered the application for income support by the claimant, a Portuguese national, which involved reconciliation of two objectives: ‘One is to promote freedom of movement within the EU. The other is to preserve the principle that migration should not unreasonably burden the social security system of the destination country.’
The status of ‘worker’ within European law was lost when, at the end of her period of maternity leave, a mother decided not to return to work but to continue to care for her son, albeit that she might return to work in the future.
Judges:
Waller VP, Hughes, Rimer LJJ
Citations:
[2010] 1 CMLR 4, [2009] EWCA Civ 807
Links:
Statutes:
Jurisdiction:
England and Wales
Benefits, European
Updated: 30 July 2022; Ref: scu.371879