The WLR Daily case summaries
[2017] WLR (D) 798
Court of Appeal
Gubeladze v Secretary of State for Work and Pensions
[2017] EWCA Civ 1751
Jackson, Lindblom, Peter Jackson LJJ
2017 Oct 18, 19; Nov 7
European Union— Social security— State pension credit— Entitlement to state pension credit dependent on having right to reside permanently in United Kingdom under European Union law— Right dependent on worker having “resided” continuously in host member state for more than three years— Whether lawful or merely actual residence required— Nationals of newly-acceded member states required to register under Worker Registration Scheme before starting work in United Kingdom— Secretary of State extending operation of scheme by two years— Whether extension of scheme disproportionate and contrary to European Union law—
State Pension Credit Act 2002 (c 16), s 1(2)
—
State Pension Credit Regulations 2002
(SI 2002/1792), s 2(4)(e)
—
Accession (Immigration and Worker Registration) Regulations 2004 (SI 2004/1219)
—
Accession (Immigration and Worker Registration) (Amendment) Regulations 2009 (SI 2009/892)
—
Parliament and Council Directive 2004/38/EC, art 17