Forum Home → Discussion → Residence issues → Thread
pre settled status?
where does this leave pre settled status? (those applying for UC)
this judgement makes clear the findings of the CJEU - and now this judgement is under appeal?
do we have to wait until the supreme court for this judgement - before we can put into practice the findings of the CJEU?
Today’s decision is of limited practical significance aside from offering a possible analysis in favour of claimants. The issue is already going to the Court of Appeal on another housing case called A v LB Barnet. I imagine that today’s case will be expedited at the COA so as to catch up with that one, which is currently slated for hearing next March.
We will then have to see what the COA and probably the Supreme Court has to say.
I am sure CPAG will shortly update their practical advice for claimants.
[ Edited: 13 Dec 2022 at 09:03 am by Elliot Kent ]CPAG should be issuing a guidance note for claimants and advisers in similar position in next couple of days.
We now have a note for advisers linked to from this page-
Direct link to note-
(we will update this as appropriate so please check back on the main page).
In appropriate cases, there are strong arguments that SSWP and FTTs should apply the judgment rather than trying to wait for the Court of Appeal- but everything comes down to detailed presentation of factual position of claimant. We are also working on some further templates for advisers to aid in setting this out.
Martin
Oops, editing my post as I repeated what Martin had already just said!
We’d be glad to receive any feedback or queries on the resources / outcomes of similar cases to .(JavaScript must be enabled to view this email address)
Thanks,
Claire
Sorry been busy here,
We have now updated our note (now we know SSWP is actively staying cases) and have prepared some additional resources for advisers assisting those who could benefit from AT (and/or who are deprived of option of arguing a right to reside in FTT as decision making by SSWP stayed in their case).
See webpage here: https://cpag.org.uk/welfare-rights/resources/test-case/destitute-eu-nationals-pss-can-rely-eu-charter-fundamental-rights
Link to up to date note (which contains internal links to the resources) is- https://cpag.org.uk/sites/default/files/files/resource/2023-01-24-CPAG-note-for-welfare-rights-advisers-on-SSWP-v-AT_v2.pdf
Martin
Have we any word on whether S26 notices have been issued to stay appeals?
My reading of S26 is that it applies to individual cases, so if no notice is received the ATC rules don’t apply.