The WLR Daily case summaries
[2019] WLR (D) 361
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— Claimant national of newly-acceded state failing to register during part of extension 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
—
Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (OJ 2003 L236), Annex XIII, paras 2, 5
—
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— Whether requiring legal rather than actual residence— 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 (SI 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