This factsheet contains a flowchart on the right to reside for children of EEA workers, or former workers, in education, and their primary carer.
In this edition of the e-bulletin, we provide a brief update on the habitual residence test and the benefit cap, and consider in detail three further topics which emerged over the past month.
18 December 2020
Two EU nationals, a severely disabled man and his carer, have won a landmark Court of Appeal case against the DWP which establishes their right to support from universal credit. The judgment means that EU nationals with pre-settled status cannot be treated differently to UK citizens in relation to access to means-tested benefits.
18 December 2020
This is the first in a series of bi-monthly briefings, Falling Through the Net, which highlight some of the persistent gaps in support that exist for children and families affected by the COVID-19 pandemic. Evidence of these gaps is drawn from our Early Warning System (EWS) which collects case studies from frontline practitioners working directly with families on the problems they are seeing with the social security system.
Fratila and Tanase v SSWP & AIRE Centre [2020] EWHC 998 (Admin); Fratila and Tanase v SSWP & AIRE Centre [2020] EWCA Civ 1741
CPAG brought judicial review proceedings on behalf of two EU nationals, a severely disabled man and his carer, who were refused universal credit on the basis that their limited leave to remain in the UK under Appendix EU to the immigration rules (‘pre-settled status’) was not a qualifying right of residence for the purposes of means-tested benefits. On 27 April 2020, the High Court dismissed the claim. The Claimants sought permission to appeal and, following the grant of permission by the Court of Appeal, the Court found in favour of the Appellants/Claimants in a judgment handed down on 18 December 2020.
16th March 2021 to 17th March 2021
Accessing benefit entitlements can be particularly complex for EEA nationals and claimants often need support and advice. This standard level course sets out how to navigate the current rules, explains...
3rd March 2021 to 4th March 2021
Advisers can find it difficult and intimidating to advise non-European nationals on how their immigration status affects entitlement to benefits and tax credits. This standard level course offers an opportunity...
18th March 2021 to 19th March 2021
Accessing benefit entitlements can be particularly complex for EEA nationals and claimants often need support and advice. This standard level course sets out how to navigate the current rules, explains...
25th March 2021 to 26th March 2021
This experienced level course looks in detail at the social security rights of EEA nationals and their family members in the UK. It provides an opportunity for advisers who are...
In this edition of the e-bulletin, we look at the top three topics that have been recorded in the Early Warning System (EWS) throughout October 2020. Although issues that relate to the COVID-19 pandemic and the government measures taken in response to it still feature in the Early Warning System, we are now seeing a resurgence of long-standing concerns about the universal credit system.
