Appeal submission template

EU national with pre-settled status refused UC pre 02 December 2025 under SSWP v AT as DWP say outside article 10 of Withdrawal Agreement

FTT15

Use this template if your client is an EU national with pre-settled status to whom SSWP v AT applies, if the DWP argues that SSWP v AT does not apply because your client does not come within article 10 of the Withdrawal Agreement (due to not having an EU law right of residence on 31 December 2020).

Note that from 02 December 2025, s.45 of the Border Security, Asylum and Immigration Act 2025 means that EU nationals can rely on SSWP v AT even if it is decided they did not come within article 10 of the Witdrawal Agreement on 31 December 2020. That means this template should only be needed if the benefit decision being challenged relates to periods before 02 December 2025.

The submissions repeat arguments on this point made by the3million in a homelessness appeal in the County Court (the3million instructed Public Law Project and were represented as interveners by Tom Royston of Garden Court North and Charles Bishop of Landmark Chambers).

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FTT15: EU national with pre-settled status refused universal credit under SSWP v AT as DWP say did not come within article 10 Withdrawal Agreement for period before 02 December 2025

Use this template if your client is an EU national with pre-settled status to whom SSWP v AT applies, if the DWP argues that SSWP v AT does not apply because your client does not come within article 10 of the Withdrawal Agreement (due to not having an EU law right of residence on 31 December 2020).

Note that from 02 December 2025, s.45 of the Border Security, Asylum and Immigration Act 2025 means that EU nationals can rely on SSWP v AT even if it is decided they did not come within article 10 of the Witdrawal Agreement on 31 December 2020. That means this template should only be needed if the benefit decision being challenged relates to periods before 02 December 2025.
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