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Fratila and Tanase v SSWP - rights of those with pre-settled status to obtain universal credit
Amended para 17 of the advice - to make clear the potential discrimination argument discussed there may apply to a non EU national with PSS as well as an EU national with PSS.
I’m getting a 404 when I try that last link to the advice from the webpage.
Fixed. Thanks for noting.
Does anyone know if the CG was awarded benefit by the Northern Ireland DWP following ECJ decision in CG based on the ECJ stating the following:
In the light of all the foregoing considerations, the answer to the first question is as follows:
– Article 24 of Directive 2004/38 must be interpreted as not precluding the legislation of a host
Member State which excludes from social assistance economically inactive Union citizens who do
not have sufficient resources and to whom that State has granted a temporary right of residence,
where those benefits are guaranteed to nationals of the Member State concerned who are in the
same situation.
– However, provided that a Union citizen resides legally, on the basis of national law, in the territory
of a Member State other than that of which he or she is a national, the national authorities
empowered to grant social assistance are required to check that a refusal to grant such benefits
based on that legislation does not expose that citizen, and the children for which he or she is
responsible, to an actual and current risk of violation of their fundamental rights, as enshrined in
Articles 1, 7 and 24 of the Charter. Where that citizen does not have any resources to provide for
his or her own needs and those of his or her children and is isolated, those authorities must ensure that, in the event of a refusal to grant social assistance, that citizen may nevertheless live with his or
her children in dignified conditions. In the context of that examination, those authorities may take
into account all means of assistance provided for by national law, from which the citizen concerned
and her children are actually entitled to benefit.
Have any other PSS cases which were awaiting the ECJ/Supreme Court decisions been heard by FtT and has the FtT awarded benefits to people with no other R2R whose fundamental rights were being voilated?
I have a case which is due to be heard by the FtT on 28/02/2022 and I am trying to get directions issued to the DWP to comment on how it will implement the above parts of CG.
Graham,
How did your appeal go? Did you manage to get the appeal panel to issue directions to the DWP?
Jim
Hi Mr. Jim. The appeal was postponed with directions for dwp to address ECJ v CG and the need to assess claimants Charter rights. The DWP will be given 28 days to respond.
My reading of the ECJ decision is it bears similarities to Baumbast and the need to consider as a primary consideration the needs of the children. I will let you know the outcome once we get a decision. If there are any other cases being decided post CG please let us know the outcome.
Thanks Graham.
Jim
Great new resource for advisers from the EU Rights & Brexit Hub:
Hi all,
I have a client who has pre-settled status but no other right to reside. She applied for UC twice but was knocked back. She is a minor, a single parent, has a 4 month old child, and will be homeless as of Friday. She has no source of funds or savings.
Unfortunately I’m unable to provide the client with further support because her case is out of scope. I’ve tried to refer her to her local Citizens Advice but have been unable to make contact. I have asked CPAG if they are willing to take the case on, as I understand they have been looking for cases just like this, but was advised that they are not willing to do so.
Does anyone have any other ideas of where this client could get the help she desperately needs? She seems to be getting little help from the LA.
Thanks!
Hi!
Were you able to find someone to help this client?
We could help with this case on a second-tier basis and provide advice and drafting support if this would be useful, however it would still require an adviser at Citizens Advice or another organisation to provide the first-tier support.
If you want to contact us about second tier support or pass on our contact details, our email address is: .(JavaScript must be enabled to view this email address)
We have also produced a template skeleton which is available on our website:
https://www.eurightshub.york.ac.uk/project-news/pre-settled-status-and-access-to-benefits-template
It provides arguments that can be used for those with pre-settled status and no other right to reside.
I hope this is helpful
Hi all,
I have a client who has pre-settled status but no other right to reside. She applied for UC twice but was knocked back. She is a minor, a single parent, has a 4 month old child, and will be homeless as of Friday. She has no source of funds or savings.
Unfortunately I’m unable to provide the client with further support because her case is out of scope. I’ve tried to refer her to her local Citizens Advice but have been unable to make contact. I have asked CPAG if they are willing to take the case on, as I understand they have been looking for cases just like this, but was advised that they are not willing to do so.
Does anyone have any other ideas of where this client could get the help she desperately needs? She seems to be getting little help from the LA.
Thanks!
Surely this is a section 17 case for the local authority, both to provide financial support and interim accommodation until everything else is sorted out?
https://freemovement.org.uk/briefing-section-17-of-the-children-act-1989/
Hi all,
I have a client who has pre-settled status but no other right to reside. She applied for UC twice but was knocked back. She is a minor, a single parent, has a 4 month old child, and will be homeless as of Friday. She has no source of funds or savings.
Unfortunately I’m unable to provide the client with further support because her case is out of scope. I’ve tried to refer her to her local Citizens Advice but have been unable to make contact. I have asked CPAG if they are willing to take the case on, as I understand they have been looking for cases just like this, but was advised that they are not willing to do so.
Does anyone have any other ideas of where this client could get the help she desperately needs? She seems to be getting little help from the LA.
Thanks!
If it is the North East, you can refer it to our general inbox and my team will look at it, however I can make no promises as we are snowed under at the moment.
Hi all,
Does anyone have any other ideas of where this client could get the help she desperately needs? She seems to be getting little help from the LA.
Thanks!
Which LA is it?
I am told that DWP have applied to the FtT Chamber President for a blanket stay in these cases rather than making individual S26 notices. That application has been refused. Cue lots of wasted hearing time while Judges stay worthy cases individually…
#frustrating!