Secretary of State for Work and Pensions v Gubeladze: SC 19 Jun 2019

The claimant had come from Latvia to the UK in 2008, but not registered under the Worker Registration Scheme until 2010. She now sought state pension credit. The SS appealed from a judgment that it was to calculate her entitlement to include her work before registration.
It was additionally argued that a national measure adopted pursuant to a transitional provision in the Act of Accession is not subject to proportionality review at all.
Held: ‘ there is no good reason to depart from the decision of the House of Lords in Zalewska as regards the applicability of the principle of proportionality in the present context. As Lord Reed and Lord Toulson pointed out in their judgment in the Lumsdon case, at para 24, proportionality is a general principle of EU law. There is no basis for saying that it has no application in the context of reliance by a member state on a derogating provision such as that in paragraph 5 of Annex VIII. We consider that it is clear to the acte clair standard that the measures taken by the United Kingdom in issue in this case are required to satisfy the EU principle of proportionality.’
The extension of the WRS in 2009 was a disproportionate measure which was unlawful under EU law.


Lady Hale, President, Lord Kerr, Lord Carnwath, Lord Hodge, Lady Black, Lord Lloyd-Jones, Lord Sales


[2019] UKSC 31, [2019] AC 885, [2019] WLR(D) 361, [2019] 3 WLR 71, [2020] INLR 137, [2019] 4 All ER 389, UKSC 2018/0008


Bailii, Bailii Summary, WLRD, SC, SC Summary, SC Video Summary, SC 2019 Mar 12 am Video, SC 2019 Mar 12 pm Video, SC 2019 Mar 13 am Video


Accession (Immigration and Worker Registration) Regulations 2004, Treaty establishing the European Community, The Immigration (European Economic Area) Regulations 2006


England and Wales


Appeal fromThe Secretary of State for Work and Pensions v Gubeladze CA 7-Nov-2017
Appeal by the Secretary of State for Work against a decision that the respondent is entitled to state pension credit. The issues in this appeal concern the construction of the Directive governing the rights of Union citizens and the validity of . .
CitedZalewska v Department for Social Development HL 12-Nov-2008
(Northern Ireland) The claimant challenged the rules restricting payment of benefits to nationals from the 8 latest European Accession states to those with an unbroken 12 month working record. The applicant came from Poland and worked at two . .
CitedSinclair Collis Ltd, Regina (on The Application of) v The Secretary of State for Health CA 17-Jun-2011
The claimants sought to challenge the validity of rules brought in under the 2009 Act as to the placement of cigarette vending machines in retail outlets. They said it was a a national measure restricting the free movement of goods. The . .
CitedPUH Vicoplus SC (C-307/09), BAM Vermeer Contracting sp. Zoo (C-308/09), Industrial Services Olbek sp. Zoo (C-309/09) v Minister van Sociale Zaken in Werkgelegenheid ECJ 10-Feb-2011
Freedom to provide services – Posting of workers – 2003 Act of Accession – Transitional measures – Access of Polish nationals to the labour market of States which were already Member States of the European Union at the time of the accession of the . .
CitedLumsdon and Others, Regina (on The Application of) v Legal Services Board SC 24-Jun-2015
The appellant, barristers and solicitors, challenged the respondent’s approval of alterations to their regulatory arrangements, under Part 3 of Schedule 4 to the 2007 Act. The alterations gave effect to the Quality Assurance Scheme for Advocates . .
CitedPrefeta v Secretary of State for Work and Pensions ECJ 13-Sep-2018
Reference for a preliminary ruling – Freedom of movement for persons – Article 45 TFEU – 2003 Act of Accession – Chapter 2 of Annex XII – Whether a Member State may derogate from Article 7(2) of Regulation (EU) No 492/2011 and Article 7(3) of . .
CitedMirga 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 . .
CitedRegina v Minister of Agriculture, Fisheries and Food and Secretary of State For Health, ex Parte Fedesa and Others ECJ 13-Nov-1990
ECJ 1. Community law – Principles – Legal certainty – Protection of legitimate expectations – Prohibition of the use in livestock farming of certain substances having a hormonal action in the absence of unanimity . .
CitedZiolkowski and Others v Land Berlin ECJ 21-Dec-2011
Grand Chamber – Freedom of movement for persons – Directive 2004/38/EC – Right of permanent residence – Article 16 – Legal residence – Residence based on national law – Period of residence completed before the accession to the European Union of the . .
CitedOlaitan Ajoke Alarape v Secretary Of State For The Home Department ECJ 15-Jan-2013
ECJ Opinion – Free movement of persons – Directive 2004/38/EC – Right of permanent residence – Article 16 – Legal residence – Residence based on Article 12 of Regulation (EEC) No 1612/68 . .
Lists of cited by and citing cases may be incomplete.

Benefits, European

Updated: 06 April 2022; Ref: scu.638489