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Forum Home  →  Discussion  →  Other areas of social welfare law  →  Thread

‘Personal scope” & the (Brexit) Withdrawal Agreement

shawn mach
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rightsnet.org.uk

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Great stuff from Charlotte and Alice at the EU Rights and Brexit Hub:

Problems with the IMA’s position on Art. 10 and 13 WA on the scope of the WA

This briefing was shared with counsel for the3million in their preparations for C v Oldham (Case J05MA951) a section 204 Housing Act 1996 appeal.

This briefing:

-  engages with the arguments/suggestions put forward in the skeleton argument published by the IMA, in the case described as Appellant v Council A & C v Council B, addressing appeals under s. 204 of the Housing Act.

- focuses on two aspects of the ‘personal scope” issues of the Withdrawal Agreement – (i) the interpretation of the conditions set down in Article 10 WA; and (ii) whether attainment of pre-settled status should be treated as attainment of Article 13 WA status.

More: https://www.eurightshub.york.ac.uk/blog/problems-with-the-imas-position-on-art-10-and-13-wa-on-the-scope-of-the-wa

past caring
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Welfare Rights Adviser - Southwark Law Centre, Peckham

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Worth noting that the IMA has rolled back considerably on its initial position following further analysis of the CoA’s decision in AT. - see https://ima-citizensrights.org.uk/app/uploads/2024/02/IMA-Supplementary-Note-Redacted.pdf

Though that revised position is still not without its problems, I think.