The WLR Daily case summaries
[2023] WLR(D) 223
Upper Tribunal
Secretary of State for Work and Pensions v AT (AIRE Centre and another intervening)
[2022] UKUT 330 (AAC)
2022 Nov 15, 16; Dec 12
Chamberlain J, Upper Tribunal Judges Ward, Wright
Social security— Welfare benefits— Universal credit— Claimant Romanian national with pre-settled status in UK leaving partner due to domestic violence— Claim for universal credit refused on basis claimant’s limited leave to remain insufficient to meet entitlement conditions— Whether relevant condition to be disapplied to give effect to rights under European Union law where claimant and daughter unable to live in dignified conditions without payment of universal credit— Whether relevant EU law rights enforceable in domestic law following end of transition period for withdrawal of UK from EU—
Welfare Reform Act 2012 (c 15), s 4(1)(c)
—
European Union (Withdrawal) Act 2018 (c 16), ss 5(5), 7A
—
Universal Credit Regulations 2013
(SI 2013/376), reg 9(1)(2)(3)(c)(i)
—
FEU Treaty
, art 21
—
Charter of Fundamental Rights of the European Union
, art 1
—
Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community
, arts 2, 4(1)(3), 10, 13
—
Immigration Rules, Appendix EU