The Weekly Law Reports
[2019] 3 WLR 71
Supreme Court
Gubeladze v Secretary of State for Work and Pensions (AIRE Centre intervening)
[2019] UKSC 31
2019 March 12,
13;
June 19
June 19
Baroness Hale of Richmond PSC, Lord Kerr of Tonaghmore, Lord Carnwath, Lord Hodge, Lady Black, Lord Lloyd-Jones, Lord Sales JJSC
European Union— Freedom of movement— Right to reside— Worker 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— Whether extension of scheme open to challenge on proportionality grounds— Whether extension of scheme disproportionate and contrary to European Union law—
Accession (Immigration and Worker Registration) (Amendment) Regulations 2009 (SI 2009/892), reg 2
—
Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, Annex VIII, paras 2, 5
Social security— State pension credit— Entitlement— Claimant applying for state pension credit— Entitlement dependent on her having “resided” continuously in United Kingdom for three years— Whether requiring legal rather than actual residence—
State Pension Credit Regulations 2002 (SI 2002/1792), reg 2(4)(e) (as substituted by Social Security (Persons from Abroad) Amendment Regulations 2006 (SI 2006/1026), reg 9(2))
—
Parliament and Council Directive 2004/38/EC, art 17