Appeal court breakthrough for disabled claimants

Two disabled people who moved to the UK from other EU countries have won an important Appeal Court case which entitles them to disability-related benefits in the UK from shortly after they arrived rather than having to wait two years. The case, brought by Child Poverty Action Group and Harrow Law Centre, will enable disabled EU citizens and their carers who have a “genuine and sufficient” connection to the UK to receive social security support at an earlier point if they relocate to the UK.

The ruling overturns an Upper Tribunal finding that denied both households benefits. And it confirms that the “genuine and sufficient” link which must be demonstrated by claimants in these circumstances is to the UK as a whole, rather than to its social security system.

Good work all.

APPEAL COURT BREAKTHROUGH FOR DISABLED EU BENEFIT CLAIMANTS

Kavanagh & Anor v SSWP judgment now available on bailii and rightsnet summary also up for the case.

Any potential for knock-on positive impacts on other benefits?