Tag: Benefits

The 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 certain domestic regulations applying to Latvian nationals working in the UK.
Held: The appeal failed. Though article 17(1)(a) of Directive 2004/38/EC used the word ‘resided’ without no qualification, articles 16(1) and (2) used the phrase ‘resided legally’. At first sight, therefore, one might think article 17(1)(a) to be referring to something wider than legal residence. However, European Union statutes must be interpreted more widely, allowing for the context and purpose of the Directive.
(1) The Secretary of State succeeded on the construction of the Citizens Directive. The word ‘reside’ in article 17(1)(a) meant ‘legally reside’ which in this context meant residence in the exercise of rights under the Citizens Directive. As a result, the Court of Appeal did not need to rule on a new argument advanced by the respondent for the first time in the Court of Appeal, namely that even if ‘resided’ in article 17(1)(a) of the Citizens Directive means ‘legally resided’, that word has a wider meaning in regulation 5(2)(c) of the 2006 Regulation where it means actual residence, with or without any right to remain. The Court of Appeal was, however, inclined to the view that ‘resided’ in regulation 5(2)(c) of the 2006 Regulations has the same meaning as in the Citizens Directive.
(2) There was no error of law in the Upper Tribunal’s conclusion that the extension of the WRS was disproportionate and therefore incompatible with EU law.

Judges:

Rupert Jackson, Lindblom, Peter Jackson LJJ

Citations:

[2017] EWCA Civ 1751, [2018] 1 WLR 3324, [2017] WLR(D) 798, [2018] 2 All ER 228

Links:

Bailii, WLRD

Statutes:

State Pension Credit Act 2002 1(2)

Jurisdiction:

England and Wales

Cited by:

Appeal from – 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 . .
Lists of cited by and citing cases may be incomplete.

Benefits, European

Updated: 06 April 2022; Ref: scu.599377

Brey v Pensionsversicherungsanstalt: ECJ 19 Sep 2013

Judgment – Freedom of movement for persons – Union Citizenship – Directive 2004/38/EC – Right of residence for more than three months – Article 7(1)(b) – Person no longer having worker status – Person in possession of a retirement pension – Having sufficient resources not to become a burden on the ‘social assistance system’ of the host Member State – Application for a special non-contributory cash benefit – Compensatory supplement intended to augment a retirement pension – Regulation (EC) No 883/2004 – Articles 3(2) and 70 – Competence of the Member State of residence – Conditions for granting – Legal right to reside on the national territory – Compliance with European Union law

Citations:

[2013] EUECJ C-140/12, [2014] 1 WLR 1080, [2013] WLR(D) 352, [2014] All ER (EC) 534, ECLI:EU:C:2013:565, [2014] 1 CMLR 37

Links:

Bailii, WLRD

Jurisdiction:

European

Citing:

Opinion – Brey v Pensionsversicherungsanstalt ECJ 29-May-2013
ECJ (Opinion) Citizenship of the Union – Freedom of movement for persons – Article 7(1)(b) of Directive 2004/38/EC – Right of residence for a period longer than three months on the territory of another Member . .

Cited by:

Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Benefits, Immigration

Updated: 05 April 2022; Ref: scu.605856

Saint Prix v Secretary of State for Work and Pensions: ECJ 19 Jun 2014

Reference for a preliminary ruling – Article 45 TFEU – Directive 2004/38/EC – Article 7 – ‘Worker’ – Union citizen who gave up work because of the physical constraints of the late stages of pregnancy and the aftermath of childbirth

Judges:

A Tizzano (Rapporteur), P

Citations:

ECLI:EU:C:2014:2007, [2015] 1 CMLR 5, [2014] Imm AR 1076, [2014] All ER (EC) 987, 2014] AACR 18, [2014] EUECJ C-507/12, [2014] PTSR 1448, [2014] WLR(D) 275, [2015] INLR 240

Links:

WLRD, Bailii

Jurisdiction:

European

Citing:

Opinion – Saint Prix v Secretary of State for Work and Pensions ECJ 12-Dec-2013
ECJ Advocate General’s Opinion – Freedom of movement for workers – Article 45 TFEU – Discrimination on grounds of nationality – Discrimination on grounds of sex – Directive 2004/38/EC – Article 7(1) and (3) – . .

Cited by:

Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Benefits

Updated: 05 April 2022; Ref: scu.605858

Altun and Others: ECJ 6 Feb 2018

Migrant Workers – Social Security – Judgment – Reference for a preliminary ruling – Migrant workers – Social security – Applicable legislation – Regulation (EEC) No 1408/71 – Article 14(1)(a) – Posted workers – Regulation (EEC) No 574/72 – Article 11(1)(a) – E 101 certificate – Probative value – Certificate fraudulently obtained or relied on

Citations:

C-359/16, [2018] EUECJ C-359/16, [2017] EUECJ C-359/16_O

Links:

Bailii, Bailii

Jurisdiction:

European

Benefits, Employment

Updated: 04 April 2022; Ref: scu.604711

Stevenson v The Secretary of State for Work and Pensions: CA 15 Dec 2017

The court was asked whether the appellant who is disabled, has been unlawfully discriminated against by virtue of the fact that the support for mortgage interest (‘SMI’) which she receives as a component of her income support is capped by reference to a loan limit of pounds 100,000, and her circumstances are such that she is not eligible to benefit from the higher limit of pounds 200,000 which was introduced for certain categories of claimant with effect from 5 January 2009.

Citations:

[2017] EWCA Civ 2123

Links:

Bailii

Jurisdiction:

England and Wales

Benefits, Discrimination

Updated: 02 April 2022; Ref: scu.601456

The Secretary of State for Work and Pensions v Fileccia: CA 24 Nov 2017

The court was asked as to the interpretation of the phrase ‘a difference in views’ for the purposes of Article 6(2) of Regulation 987/2009 [2009] OJ L284/1 (the ‘implementing Regulation’) and the nature of the evidence necessary to establish such a difference in views.

Judges:

Sales, Lindblom, Asplin LJJ

Citations:

[2017] EWCA Civ 1907

Links:

Bailii

Statutes:

Regulation 987/2009

Jurisdiction:

England and Wales

European, Benefits

Updated: 01 April 2022; Ref: scu.599716

Tinsley v Manchester City Council and Others: CA 1 Nov 2017

The Court was asked whether a person who has been compulsorily detained in a hospital for mental disorder under section 3 of the 1983 Act and has then been released from detention but still requires ‘after-care services’ is entitled to require his local authority to provide such services at any time before he has exhausted sums reflecting the costs of care awarded to him in a judgment in his favour against a negligent tortfeasor.
Held: The LA’s appeal failed.

Judges:

Sir Terence Etherton MR, Longmore, Irwin LJJ

Citations:

[2017] EWCA Civ 1704

Links:

Bailii

Statutes:

Mental Health Act 1983 3

Jurisdiction:

England and Wales

Local Government, Benefits

Updated: 01 April 2022; Ref: scu.598476