Source: All England Reporter
Publisher Citation: [2011] All ER (D) 161 (Oct)
Court: Court of Appeal, Civil Division
Judge:

Maurice Kay VP, Moses LJ and Baron J (judgment delivered extempore)

Representation Simon Cox (instructed by SA Law Chambers) for the claimant.
  Jason Coppel and Denis Edwards (instructed by the Solicitor for the Department of Work and Pensions) for the defendant.
Judgment Dates: 18 October 2011

Catchwords

European Union - Workers - Freedom of movement - Social security - Claimant arriving in United Kingdom to work - Claimant working and being made redundant - Claimant applying for income support - Claimant filling out form and confirming ongoing search for work - Defendant refusing application for income support - Whether claimant complying with requirement of being registered as job-seeker - Whether claimant retaining rights as worker - Whether requirement being met only by application for job-seeker's allowance - Council Directive 2004/38, art 7(3)(c).

The Case

European Union Workers. The Court of Appeal rejected the Secretary of State for Work and Pensions' argument that a French national could only retain her rights as a worker after being made redundant in the United Kingdom by applying for job-seeker's allowance rather than income support.

Practice Areas

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