Leaving the European Union, past presence and Kavanagh
The case of Kavanagh established that claimants who had recently arrived in the UK from EU countries did not need to satisfy the past presence test for DLA if they could demonstrate a genuine and sufficient link to the UK.
As this was based on a mixture of domestic and EU law, do the same principles maintain now that the UK has left the EU? Now that we are no longer signed up to the Treaty of Europe, can people rely in residence in other member states for this kind of thing?
I’m really struggling to get my head around how things stand on these type of issues post-Brexit - am I worrying for no reason here? Any help gratefully received as always.
Any one have any ideas on this one?
I’ve checked DMG guidance and that remains as it was (albeit incorrect as it hasn’t even been updated to include the outcome of Kavanagh).
Hi Paul - if noone on here knows, how about contacting the EU Rights and Brexit Hub at York Uni - Charlotte O’Brien and Alice Welsh from there did a great presentation at the last NAWRA.
Not sure it’s completely in their remit but maybe worth an ask - https://www.eurightshub.york.ac.uk/referral
Far as I know the co-ordination rules are broadly being retained and I would imagine that the caselaw will continue to have effect. There is a power for the senior courts to depart from the ECJ cases which underpin Kavanagh but they haven’t done so. I suspect its business as usual until you hear otherwise.
Brilliant, thanks both for your replies, appreciated :-)