The Public and Third Sector Law Reports
[2009] PTSR 897
Court of Appeal
Kaczmarek
v
Secretary of State for Work and Pensions
[2008] EWCA Civ 1310
2008 Oct 13;
Nov 27
Nov 27
Sir Anthony Clarke MR, Maurice Kay, Stanley Burnton LJJ
Social Security— Income support— Entitlement— Polish national lawfully present in United Kingdom claiming income support— Refusal of claim based on lack of right to reside in United Kingdom— Whether European Union citizen having right to reside in UK regardless of economic or educational activity or self-sufficiency— Whether refusal of income support discrimination on grounds of nationality— Whether contrary to right of free movement—
EC Treaty
, arts 12EC, 18(1)EC
—
Council Directive 90/364/EEC, art 1(1)
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