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Forum Home  →  Discussion  →  Residence issues  →  Thread

Fratila and Tanase v SSWP - rights of those with pre-settled status to obtain universal credit

Martin Williams
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Welfare rights advisor - CPAG, London

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Total Posts: 645

Joined: 16 June 2010

Unfortunately, the High Court has dismissed the claim for Judicial Review in this case.

The Claimants will be seeking to appeal to the Court of Appeal.

I have updated the page on CPAG website  and judgment is available there.

We are particularly interested in EU nationals being refused benefits at present time (please get in touch with EWS).

Additionally, if you know of a case in the Upper Tribunal or which has lost at First-tier Tribunal where the claimant has pre-settled status at date of decision of SSWP please get in touch at the .(JavaScript must be enabled to view this email address) address.


Martin

Martin Williams
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Welfare rights advisor - CPAG, London

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Total Posts: 645

Joined: 16 June 2010

The claimants have now made an application for permission to appeal to the Court of Appeal (the High Court having refused permission).

We have also made an application for expedition- requesting that permission is determined within 28 days and that the case is heard no later than 31 July.

Permission application issued and served today.

Martin

Ros
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editor, rightsnet.org.uk

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Guardian reporting on letter to Michael Gove from cross-party group of MEPs arguing that -

‘While the country is facing the severe consequences of the global pandemic of Covid-19, EU citizens under pre-settled status are facing significant obstacles to access social benefits such as universal credit.

This would constitute a violation of the good implementation of the withdrawal agreement … As you are well aware, the number of EU citizens under a pre-settled status cannot be considered as marginal, as it exceeds a million individuals.

Among them, those who may be in need of assistance during the current crisis are facing undue discrimination at the worst possible moment.’

UK discriminating against EU citizens, say MEPs

Martin Williams
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Welfare rights advisor - CPAG, London

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Total Posts: 645

Joined: 16 June 2010

Permission to appeal now granted by the Court of Appeal.

Unfortunately the Court did not grant the application for expedition - although it did say the case should be heard before the end of “Michaelmas” term if at all possible -ie sometime in the window Thursday 1 October to Monday 21 December 2020.

Martin