Gubeladze v Secretary of State for Work and Pensions

Subject Matter

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

[2017] EWCA Civ 1751; [2018] 1 WLR 3324; [2018] 2 All ER 228; [2017] WLR (D) 798, CA

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

[2017] EWCA Civ 1751; [2018] 1 WLR 3324; [2018] 2 All ER 228; [2017] WLR (D) 798, CA

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

[2019] UKSC 31; [2019] AC 885; [2019] 3 WLR 71; [2019] 4 All ER 389; [2019] WLR (D) 361; Case details, SC(E)

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) (substituted by Social Security (Persons from Abroad) Amendment Regulations 2006 (SI 2006/1026), reg 9(2)) — Immigration (European Economic Area) Regulations 2006 (SI 2006/1003), reg 5(2) — Parliament and Council Directive 2004/38/EC, art 17

[2019] UKSC 31; [2019] AC 885; [2019] 3 WLR 71; [2019] 4 All ER 389; [2019] WLR (D) 361; Case details, SC(E)

Appellate History

Commentary

UK Supreme Court Blog
New Judgment: Secretary of State for Work and Pensions v Gubeladze [2019] UKSC 31 Case comment