The Weekly Law Reports
[2018] 1 WLR 3324
Court of Appeal
*Gubeladze v Secretary of State for Work and Pensions
[2017] EWCA Civ 1751
2017 Oct 18,
19;
Nov 7
Nov 7
Jackson, Lindblom, Peter Jackson LJJ
European Union— Freedom of movement— Right to reside— Workers Registration Scheme requiring nationals of newly-acceded member states to register before starting work in United Kingdom during five-year period— Scheme extended by two years— Claimant national of newly-acceded state failing to register during part of extension period— Claimant’s entitlement to social security benefit dependent on her having “resided” continuously in United Kingdom for three years— Whether necessary that claimant had resided legally in United Kingdom during that period— Whether extension of scheme disproportionate and contrary to European Union law—
Accession (Immigration and Worker Registration) (Amendment) Regulations 2009 (SI 2009/892), reg 2
—
Parliament and Council Directive 2004/38/EC, art 17
Social security— State pension credit— Entitlement— Scheme requiring nationals of newly-acceded member states to register before starting work in United Kingdom during five-year period— Scheme extended by two years— Claimant national of newly-acceded state failing to register during part of extension period— Claimant applying for pension credit— Entitlement dependent on her having “resided” continuously in United Kingdom for three years— Secretary of State rejecting claim on ground claimant did meet residence requirement because she had worked during part of three-year period without first registering— Whether necessary that claimant had resided legally in United Kingdom during that period— Whether extension of scheme contrary to European Union law— Whether claimant fulfilling residence requirement for pension credit—
State Pension Credit Act 2002 (c 16), s 1(2)
—
State Pension Credit Regulations 2002 (SI 2002/1792), reg 2(4)(e) (as substituted by Social Security (Persons from Abroad) Amendment Regulations 2006/1026 reg 9(2))
—
Accession (Immigration and Worker Registration) (Amendment) Regulations 2009 (SI 2009/892), reg 2
—
Parliament and Council Directive 2004/38/EC, art 17