ECJ - Welfare rights case law

Advanced search / help

You can search by keyword(s); for a phrase (if you surround your keywords with quotes); or a combination of keywords and phrases. If you’re searching by reference number, you need only enter part of the number, for example searching for 1234 will return a judgment referenced [2015] EWHC 1234 (Admin). Searches are case insensitive.

In addition, you can refine your search below if you want to find only decisions from a certain jurisdiction or benefit type. You can also limit your search by reference to the date the item was published to rightsnet.

From

Benefit

Jurisdiction

13 September, 2018

Claimant who had not completed period of 12 months under Worker Registration Scheme did not retain worker status for purposes of ESA claim

C‑618/16

26 June, 2018

A transgender person is not required to annul marriage entered into before change of gender, to be entitled to receive state pension at qualifying age for acquired gender

C-451/16

2 February, 2017

CJEU rules DLA care component is exportable in cases where claimant has previously been insured in the UK but is no longer employed

C‑430/15
Reported as [2017] AACR 40

1 July, 2016

Child and primary carer can establish a right to reside even when child starts education after EU worker parent has left the Member State

C-115/15

14 June, 2016

Court of Justice of the European Union finds indirect discrimination is justified in the UK right to reside test for child benefit and child tax credit

C-308/14

18 December, 2014

Court of Justice of the European Union dismisses UK Government's challenge to decision on social security rights of Turkish nationals

C-81/13

19 June, 2014

EU national who left work due to pregnancy retained worker status

C‑507/12
Reported as [2014] AACR 18

27 February, 2014

Welfare rights case law (ECJ)

Claimant who had not completed period of 12 months under Worker Registration Scheme did not retain worker status for purposes of ESA claim

C‑618/16

A transgender person is not required to annul marriage entered into before change of gender, to be entitled to receive state pension at qualifying age for acquired gender

CJEU rules DLA care component is exportable in cases where claimant has previously been insured in the UK but is no longer employed

Child and primary carer can establish a right to reside even when child starts education after EU worker parent has left the Member State

Court of Justice of the European Union finds indirect discrimination is justified in the UK right to reside test for child benefit and child tax credit

Court of Justice of the European Union dismisses UK Government's challenge to decision on social security rights of Turkish nationals

EU national who left work due to pregnancy retained worker status

C‑507/12
Reported as [2014] AACR 18

European Council decision on social security rights of Swiss nationals had correct legal basis

European Council decision to extend EU rights to EEA nationals had correct legal base

Whether a previously self employed carer of children in education has a right to reside in the UK

Whether claimant living in another EU country entitled to incapacity benefit in youth

Right to reside and whether residence permit confers a right of residence

Whether mobility component of DLA exportable as a result of EC Regulation 1408/71

Whether periods of residence before April 2006 count towards the five years needed for permanent right of residence

Exporting DLA, attendance allowance and carer’s allowance

Benefit rights of transsexual people

Landmark Habitual Residence Test ruling

Benefits for Turkish Workers

Welfare rights case law (ECJ)

C‑618/16

C‑507/12 Reported as [2014] AACR 18

C‑507/12
Reported as [2014] AACR 18