Secretary of State for Work and Pensions v AT

Subject Matter

SOCIAL SECURITY — Welfare benefits — Universal credit — EU national with pre-settled status claiming universal credit after end of transition period of UK’s withdrawal from EU — Claim refused on ground EU national not meeting basic condition for entitlement — Whether condition to be disapplied so as to give effect to EU national’s Charter right to human dignity — Whether UK required to act compatibly with such right following end of transition period — 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, 10, 13

[2022] UKUT 330 (AAC); [2023] 1 WLR 2669; [2023] WLR(D) 223, UT

SOCIAL SECURITY — Welfare benefits — Universal credit — EU national with pre-settled status claiming universal credit after end of transition period of UK’s withdrawal from EU — Claim refused on ground EU national not meeting basic condition for entitlement — Whether condition to be disapplied so as to give effect to EU national’s Charter right to human dignity — Whether UK required to act compatibly with such right following end of transition period — European Union (Withdrawal) Act 2018 (c 16), s 7A — FEU Treaty, art 21 — Charter of Fundamental Rights of the European Union, arts 1, 4, 7, 24 — 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, 13

[2023] EWCA Civ 1307; [2024] KB 633; [2024] 2 WLR 967; [2024] 3 All ER 1020, CA

Appellate History

Commentary

Free Movement
Court of Appeal dismisses government appeal on access to benefits for people with pre settled status Case comment