The Public and Third Sector Law Reports
[2020] PTSR 1424
Queen’s Bench Division
Regina (Fratila and another)
v
Secretary of State for Work and Pensions (AIRE Centre intervening)
[2020] EWHC 998 (Admin)
2020 Feb 18, 19; April 27
Swift J
Social security— Welfare benefits— Universal credit— Claim for universal credit by Romanian national living in United Kingdom with right to reside based on “pre-settled” status— Claim refused by virtue of amendment to social security rules preventing reliance on pre-settled status to meet residence tests on which entitlement to benefit conditional— Whether unlawful discrimination contrary to European Union law—
Universal Credit Regulations 2013 (SI 2013/376), reg 9(1)(2)(3)(c)(i) (as amended by Social Security (Income-related Benefits) (Updating and Amendment) (EU Exit) Regulations 2019 (SI 2019/872), reg 8(3)(d))
—
Immigration (European Economic Area) Regulations 2016 (SI 2016/1052), reg 14
—
Statement of Changes in Immigration Rules (1994) (HC 395), Appendix EU (as substituted by Statement of Changes in Immigration Rules 2020 (HC 120), para EU.1)
—
FEU Treaty
, art 18FEU
—
Parliament and Council Directive 2004/38/EC, art 24
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