Source: All England Reporter
Publisher Citation: [2010] All ER (D) 187 (Feb)
Neutral Citation: [2010] EWHC 213 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Christopher Symons QC sitting as a deputy judge of the High Court
Representation Simon Cox (instructed by Streetwise Community Law Centre) for the claimant.
  Richard Gordon QC (instructed by Richard Freeman & Co) for the first defendant.
  Jason Coppel and Denis Edwards (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 15 February 2010

Catchwords

Social security - Benefit - European community national - Claimant Romanian entering United Kingdom and working under construction industry scheme - Claimant then working for uncle until admission into hospital for tuberculosis - Claimant making applications for social security benefits - Second defendant Secretary of State refusing application on basis that claimant not having right to reside in UK and consequently not habitually resident for benefit purposes - Claimant's application for crisis loan refused by Secretary of State for same reason - Claimant's appeal to first defendant Social Fund Inspector (SFI) dismissed through reliance on Secretary of State's decision - Whether practical distinction between worker who, prior to becoming unemployed had been employed and worker who had been self-employed - Whether SFI bound to follow decision of Secretary of State - Parliament and Council Directive (EC) 2004/38, art 7 - s 38.

The Case

Social security Benefit. The Administrative Court held that on the correct interpretation of Parliament and Council Directive (EC) 2004-38 (on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states), there was a practical distinction, for the purposes of obtaining certain benefits, between a worker who, prior to becoming unemployed, had been employed and a worker who had been self-employed. In addition, guidance was given as to the first defendant Social Fund Inspector's duties on a review carried out under s38 of the .

Practice Areas

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