Zalewska 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 authorised employments but failed to find a third. She had left her partner because of his violence.
Held: (Lady Hale and Lord Neuberger dissenting) The provision was not incompatible with European Law. The derogation was required to be proportionate. The scheme was intended to allow, through the registration of employments, the government to monitor the impact of the accessions on the the general labour market.


Lord Hope of Craighead, Baroness Hale of Richmond, Lord Carswell, Lord Brown of Eaton-under-Heywood, Lord Neuberger of Abbotsbury


[2008] UKHL 67, [2008] 1 WLR 2602, [2009] Eu LR 344, [2009] 1 CMLR 24, [2009] 2 All ER 319


Bailii, Times, HL


EC Treaty 18EC, Accession (Immigration and Worker Registration) Regulations 2004 (SI 2004/1219), Immigration Act 1971, Regulation (EEC) No 1612/68 on freedom of movement for workers within the Community, Income Support (General) Regulations (Northern Ireland) 1987 (SR 1987/459)


Northern Ireland


CitedRoyer v Belgium ECJ 8-Apr-1976
ECJ The right of nationals of a member state to enter the territory of another member state and reside there is a right conferred directly, on any person falling within the scope of community law, by the Treaty, . .
CitedTrojani v Centre public d’aide sociale de Bruxelles (CPAS) ECJ 7-Sep-2004
EAT Freedom of movement of persons – Citizenship of the European Union – Right of residence – Directive 90/364/EEC – Limitations and conditions – Person working in a hostel in return for benefits in kind – . .
CitedLopes Da Veiga v Staatssecretaris Van Justitie ECJ 27-Sep-1989
Europa Article 216(1) of the Act of Accession of Portugal must be interpreted as meaning that the provisions relating to the holding of employment and equal treatment which are contained in Article 7 et seq . of . .
CitedCanal Satelite Digital SL v Adminstracion General del Estado, and Distribuidora de Television Digital SA (DTS) ECJ 22-Jan-2002
The complainant company manufactured lawful TV decoders. It complained that Spain applied a requirement for prior approval before they could be used in Spain. They complained that the system operated to restrict the free movement of goods within the . .
CitedMouvement contre le racisme, l’antisemitisme et la xenophobie ASBL (MRAX) v Etat Belge ECJ 25-Jul-2002
Europa Third country nationals who are the spouse of a Member State national – Requirement for a visa – Right of entry for spouses not in possession of identity documents or a visa – Right of residence for . .
CitedSkanavi and Chryssanthakopoulos (Judgment) ECJ 29-Feb-1996
Any formalities required in order to have a driving licence issued in one Member State recognised in another Member State constitute an obstacle to the free movement of persons, and are in breach of the Treaty.
Fromancais Sa v Fonds D’Orientation Et De Regularisation Des Marches Agricoles (Forma) ECJ 23-Feb-1983
‘In order to establish whether a provision of community law is consonant with the principle of proportionality it is necessary to establish, in the first place, whether the means it employs to achieve its aim correspond to the importance of the aim . .
CitedCommission v Belgium (Free Movement Of Persons) ECJ 23-Mar-2006
Europa Failure to fulfil obligations – Breach of Community legislation on the right of residence of citizens of the Union – National legislation and administrative practice relating to the requirement of . .
CitedD, Regina (on the Application of) v Secretary of State for Work and Pensions CA 11-Oct-2004
Challenge was to Regulations which affect the position of nationals of certain States which had acceded to membership of the European Union . .
At CANIZalewska v Department for Social Development CANI 9-May-2007
. .

Cited by:

CitedPatmalniece v Secretary of State for Work and Pensions SC 16-Mar-2011
The claimant challenged as incompatible with EU law, the Regulations which restricted the entitlement to state pension credit to those entitled to reside in the UK.
Held: The appeal failed (Majority). The conditions imposed by the Regulations . .
CitedSecretary 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.

European, Benefits

Updated: 06 April 2022; Ref: scu.277816