Advising migrant groups in Scotland ebulletin June 2026
In this issue:
- New free EU nationals’ rights eLearning
- Withdrawal Agreement protections from 2 December 2025
- The effect of getting a pension from an EEA state
- Goodbye to PDFs
- Talks for teams and networks
New free European nationals’ rights eLearning
Building on previous joint work about EU and EEA nationals rights post-Brexit, CPAG in Scotland together with Glasgow University has recently launched a new free eLearning course.
The course can be found in the ‘Advanced’ section of our eLearning and assumes a good understanding of the basic benefit rules but aims to give experienced advisers an introduction to the benefit rights of European nationals now. It covers both those with or without status under the EU Settlement Scheme, and both UK and Scottish benefits.
Withdrawal Agreement protections from 2 December 2025
A new Act in force from 2 December 2025 guarantees anyone with status under the EU Settlement Scheme the protection of the UK-EU Withdrawal Agreement. This means that from that date there should be no dispute about whether anyone with status under the EU Settlement Scheme can benefit from the rights protected in the Agreement. Before this date, it may have been disputed whether someone had protection if not actively exercising their rights under EU law on 31 December 2020.
This is of particular importance for those with only pre-settled status under the EU Settlement Scheme and no other right to reside who need to rely on CPAG’s test case that ensures protection from the risk of destitution if denied universal credit. While CPAG argued that most EU nationals and their family members who were in the UK by 31 December 2020 were covered regardless of their activity on that date, DWP did not agree that SSWP v AT [2023] EWCA Civ 1307 had such wide application.
ADM Memo 15-25: Border Security. Asylum and Immigration Act 2025
The effect of getting a pension from an EEA state
Most of those with EU Settlement Scheme status in the UK, and British nationals covered by the equivalent living in EEA states, are still covered by the EU Social Security Co-ordination Rules. For those covered by these Rules, ‘sickness benefits’ (ie disability or carer’s benefits) are paid by the state the Rules deem ‘competent’. Until recently, this had been interpreted to mean that if you or the person who brings you under these Rules received a ‘pension’ from a state other than the one you are living in, the state paying the pension was competent for paying you those benefits. A pension can include long-term benefits based on contributions other than those paid due to age, eg new style ESA. An Upper Tribunal decision has changed that.
In SE v SSWP [2024] UKUT 405 (AAC) the Upper Tribunal found that the correct interpretation of the relevant rule is that it is to protect those who would otherwise not get the sickness benefit from the state of residence under its domestic legislation. The general rule is that unless working in another state, the state of residence is usually competent, and this judgement found that this applies unless not entitled to the sickness benefit under the state’s domestic legislation. If not entitled to the sickness benefit under the domestic legislation of the state of residence, only then might the state paying any pension be competent instead.
The Upper Tribunal decision was about carer’s allowance in England, and while that means it is not binding on decisions about Scottish sickness benefits (eg PADP or the daily living component of ADP), it is CPAG in Scotland’s understanding that Social Security Scotland will be applying it to Scottish benefits with new guidance following soon.
SE v Secretary of State for Work and Pensions: [2024] UKUT 405 (AAC)
Goodbye to PDFs
CPAG has slowly been changing how we make information on our website available. Slowly, because there is a lot of it. This includes replacing downloadable PDFs with written information that can be read on our website. All the information produced by the Advising migrant groups in Scotland service has now been transferred to the new format and is regularly checked and updated. Links can be found on the Service’s page.
Advising migrant groups in Scotland service
Talks for teams and networks
If you would like CPAG in Scotland’s Advising migrant groups in Scotland service to come and talk about how we can support your work, and maybe also give a short presentation covering a few key topics, please get in touch. We can either come to you in person or online. It might be for a staff or network meeting.
If you want something a little more in depth, we can offer training or a workshop. This could be standalone, or as part of a larger event or conference that you are organising.
If interested in either, please contact Henri Krishna: [email protected]