Fratila and Tanase v SSWP CO/3632/2019
On 15 October 2019, CPAG were granted permission by the High Court to bring judicial review proceedings on behalf of two EU nationals 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.
It is argued on behalf of the two claimants that the non-entitlement to benefits, despite having limited leave to remain in the UK with no conditions restricting recourse to public funds, is in breach of the EU right not to be discriminated against on the ground of nationality in comparison with UK nationals, a right which has direct effect. As a result of such unlawfulness, the claimants are requesting that the Social Security (Income-related Benefits) (Updating and Amendment) (EU Exit) Regulations 2019 are quashed.
The case is provisionally listed to be heard on 18 and 19 of February 2020.