All Articles: Welfare benefits

Self-employed EU citizens who fall out of work retain worker status

When a self-employed EU citizen falls on hard times in another member state and stops working, do they retain their status as a worker? Since 2010, English courts have said they do not. In a case with wide implications for residence and social securit ...

22nd December 2017 By

Self-sufficiency, health insurance and welfare benefits: the case of AMS

In AMS v SSWP (PC) (final decision) [2017] UKUT 381 (AAC), Upper Tribunal Judge Ward dismissed a Dutch widow’s appeal against the refusal of her claim for state pension credit on the basis that she had no right to reside in the UK. Although a d ...

17th October 2017 By

Self-employed workers do not have the same rights as employees under EU law, confirms the Court of Appeal

In the case of Hrabkova v Secretary of State for Work and Pension [2017] EWCA Civ 794, the Court of Appeal confirmed once again that self-employed individuals do not have the same rights as workers under EU law. The specific question in this case was ...

2nd July 2017 By

Whether the right to reside test complies with EU law when applied to ‘family benefits’

Desmond Rutledge considers the Advocate General’s Opinion (C-308/14) on the EU Commission’s action against the United Kingdom’s use of the right to reside test. This post was originally published on the Garden Court Chambers Blog. The origins of ...

22nd October 2015 By

The Dano Effect: The restriction on benefits paid to EU citizens who are former workers

Desmond Rutledge examines the recent decision in Alimanovic (C-67/14) which holds that it is lawful for a Member State to restrict the period a former worker from another Member State can access benefits upon becoming involuntarily unemployed based o ...

21st October 2015 By

Backdating welfare benefits payments to those recognised as refugees in the UK

In Blakesley v Secretary of State for Work and Pensions [2015] EWCA Civ 141 the Court of Appeal considered whether the UK Government is in breach of its international obligations towards refugees because of the lack of any provision to make back-payme ...

12th March 2015 By

Benefits to be withdrawn from EEA jobseekers previously unaffected by the January 2014 changes

In January 2014, the Government introduced a number of measures aimed at restricting EEA migrants’ access to income-based JSA. A key change was the introduction of a statutory presumption that entitlement to income-based JSA (‘JSA(IB)’) would be ...

24th February 2015 By

Existing EEA migrants at risk of destitution following the removal of Housing Benefit

New Social Security Advisory Committee Report voices concerns On 20 November 2014, the Social Security Advisory Committee (SSAC) published its Report on the regulations which remove entitlement to Housing Benefit for certain categories of European Eco ...

25th November 2014 By

Dano and the exclusion of inactive EU citizens from certain non-contributory social benefits

When the Grand Chamber handed down its judgment in Dano v Jobcenter Leipzig (C-333/13) on 11 November 2014, it was the subject of much media attention: Germany can deny benefits to jobless EU migrants, court rules (The Guardian), Landmark ECJ ruling ...

19th November 2014 By

No recourse to public funds challenges

R (on the application of NS & others) v SSHD [2014] EWHC 1971 (Admin) The challenge was primarily to the presumption of “no recourse to public funds” which was inserted into the Immigration Rules at Appendix FM paragraph D-LTRPT 1.2 ...

1st July 2014 By

Woman who temporarily gives up work for childbirth still a worker

Court of Justice of the European Union in Saint Prix v UK (Case C‑507/12): Article 45 TFEU must be interpreted as meaning that a woman who gives up work, or seeking work, because of the physical constraints of the late stages of pregnancy and the af ...

20th June 2014 By

Refugee Action wins case on behalf of destitute asylum seekers

The present Government has declared its intention to create a ‘hostile environment’ for migrants. True to its word, the Go Home vans, the ‘papers please’ raids on public transport hubs, the targeting of foreign students, the in ...

10th April 2014 By

Removal of entitlement to housing benefit for EEA jobseekers

On 19 January 2014, Iain Duncan Smith and Theresa May told the Daily Mail that Britain’s generous welfare system should no longer be a ‘magnet’ for citizens of other EU states and that they would be introducing a number of measures aimed at new ...

21st March 2014 By

Using the minimum earnings threshold to determine who is a ‘worker’

The Department of Work and Pensions has introduced the Minimum Earnings Threshold ‘(MET)’ as part of the decision making process for determining whether EEA nationals who claim income-based jobseeker’s allowance (JSA(IB)) have retained the statu ...

18th March 2014 By

New habitual residence test and the impact on returning UK nationals

The habitual residence test has been part of the benefits system since 1996.  Under the test, new entrants to the UK and returning nationals are required to show that they are habitually resident in the Common Travel Area (the UK, the Channel Islands ...

14th March 2014 By

The political row over benefits and EU migrants

New rules restricting access to welfare benefits for new EU migrants including a six month statutory presumption for benefits paid to jobseekers. In this post Garden Court Chambers barrister Desmond Rutledge looks at how we got here, what are the new ...

13th January 2014 By

Provision to claim child benefit without breaching the public funds condition

It is well known that those who have been granted leave to remain (LTR) in the United Kingdom but who have a ‘no recourse to public funds’ condition attached to their leave (including those who have applied under Appendix FM of the Immigration Rul ...

7th January 2014 By

Welfare benefits for EEA nationals: Is the refusal of benefit proportionate?

In the recent case of Pensionsversicherungsanstalt v Peter Brey [2013] EUECJ C-140/12 (19 September 2013), the Court of Justice of the European Union (‘CJEU’) ruled that welfare benefit legislation which automatically bars benefit to an EEA nation ...

29th October 2013 By