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Fratila and Tanase v SSWP - rights of those with pre-settled status to obtain universal credit
I’ve had a listing for a case that should be stayed. Just checking that there’s been no progress that I’ve missed.
Is the Fratila appeal to the Supreme Court still going ahead?
Jim
I don’t think there is any reason the SSWP’s appeal wouldn’t still be going ahead.
As far as I am aware, the last thing that happened at the UKSC was that the case was stayed pending the CG case. That decision has really thrown everything for a loop so I am not really sure what happens next, but the UKSC will have to make a decision at some point.
CPAG has indicated it will update the guidance when able but for the moment I can’t see any reason not to just follow the existing guidance.
Thanks Elliot.
Jim
CPAG have updated their advice for claimants and advisers re EUSS: https://cpag.org.uk/welfare-rights/legal-test-cases/current-test-cases/eu-pre-settled-status
CPAG have updated their advice for claimants and advisers re EUSS: https://cpag.org.uk/welfare-rights/legal-test-cases/current-test-cases/eu-pre-settled-status
Just to say I have further tweaked it a little today to remove some redundant bits.
The overall summary is -
1. UKSC might still strike down the regulations even though the reasoning of CA cannot now be endorsed given CG. So protective claims and challenges still worth doing.
2. For all of those stayed waiting Fratila then note that if they have other arguments they could in theory ask for stay to be lifted whilst those determined at FTT (which could give an interim decision) - however asking for that would need detail given of importance to claimant of having their other arguments decided promptly.
Martin
Thank you Martin, it’s very much appreciated.
CPAG have updated their advice for claimants and advisers re EUSS: https://cpag.org.uk/welfare-rights/legal-test-cases/current-test-cases/eu-pre-settled-status
Just to say I have further tweaked it a little today to remove some redundant bits.
The overall summary is -
1. UKSC might still strike down the regulations even though the reasoning of CA cannot now be endorsed given CG. So protective claims and challenges still worth doing.
2. For all of those stayed waiting Fratila then note that if they have other arguments they could in theory ask for stay to be lifted whilst those determined at FTT (which could give an interim decision) - however asking for that would need detail given of importance to claimant of having their other arguments decided promptly.
Martin
Hi all,
In case it is of some use or interest, we’ve just published the memo we’ve written for the House of Commons Work and Pensions Committee, specifically on interpreting and applying the CG judgment. It outlines key arguments as to why & how it should be relevant to other pre-2021 cases but also post-transition cases.
https://www.eurightshub.york.ac.uk/blog/itzfizid6d8awrwaco1w6aggx1pfdi
Also summarised key points in this thread: https://twitter.com/CR_OBrien/status/1442510066083565572?s=20
We’re interested in hearing experiences and keen to help organisations advising EU nationals where we can: .(JavaScript must be enabled to view this email address)
Worth noting the risk of administrative confusion as well - we are seeing some reflex refusals for people with PSS without proper review of other possible RTRs.
Thanks.
Is the Fratila appeal to the Supreme Court still going ahead?
Jim
Judgment due next Wednesday, 1 December 2021
Thanks Shawn.
Jim
Judgment, rather than hearing?
Probably not too difficult to figure out what that means, but I will not spoil the surprise.
Supreme Court judgment in - unanimously allows DWP’s appeal against Court of Appeal judgment -
I have updated our webpage - https://cpag.org.uk/welfare-rights/legal-test-cases/current-test-cases/eu-pre-settled-status and also the advice for claimants (dealing with what arguments might be left).
The outcome re discrimination followed from CG but the important point is that claimants can still seek to argue the CG point- as explained in my advice note that is trickier post 31/12/2020. However post 31/12/2020 claimants may be able to run a different sort of discrimination argument as set out there. Both such arguments are just that: arguments. CPAG happy to advise as per the advice note.
Martin
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.
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.