No recourse to public funds challenges
1 July 2014
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R (on the application of NS & others) v SSHD [2014] EWHC 1971 (Admin) The challenge was primarily to the presumption of “no recourse to public
R (on the application of NS & others) v SSHD [2014] EWHC 1971 (Admin) The challenge was primarily to the presumption of “no recourse to public
Court of Justice of the European Union in Saint Prix v UK (Case C‑507/12): Article 45 TFEU must be interpreted as meaning that a woman
The present Government has declared its intention to create a ‘hostile environment’ for migrants. True to its word, the Go Home vans, the ‘papers please’
On 19 January 2014, Iain Duncan Smith and Theresa May told the Daily Mail that Britain’s generous welfare system should no longer be a ‘magnet’
The Department of Work and Pensions has introduced the Minimum Earnings Threshold ‘(MET)’ as part of the decision making process for determining whether EEA nationals
The habitual residence test has been part of the benefits system since 1996. Under the test, new entrants to the UK and returning nationals are
New rules restricting access to welfare benefits for new EU migrants including a six month statutory presumption for benefits paid to jobseekers. In this post
It is well known that those who have been granted leave to remain (LTR) in the United Kingdom but who have a ‘no recourse to
In the recent case of Pensionsversicherungsanstalt v Peter Brey [2013] EUECJ C-140/12 (19 September 2013), the Court of Justice of the European Union (‘CJEU’) ruled
R (on the application of NS & others) v SSHD [2014] EWHC 1971 (Admin) The challenge was primarily to the presumption of “no recourse to public funds” which was inserted into the Immigration Rules at Appendix FM paragraph D-LTRPT 1.2 in December 2012. The argument applies equally to paragraph 276BE....
Court of Justice of the European Union in Saint Prix v UK (Case C‑507/12): Article 45 TFEU must be interpreted as meaning that a woman who gives up work, or seeking work, because of the physical constraints of the late stages of pregnancy and the aftermath of childbirth retains the...
The present Government has declared its intention to create a ‘hostile environment’ for migrants. True to its word, the Go Home vans, the ‘papers please’ raids on public transport hubs, the targeting of foreign students, the increasingly demented bureaucracy of the immigration rules and the harsh family migration rules are...
On 19 January 2014, Iain Duncan Smith and Theresa May told the Daily Mail that Britain’s generous welfare system should no longer be a ‘magnet’ for citizens of other EU states and that they would be introducing a number of measures aimed at new migrant jobseekers from the European Economic...
The Department of Work and Pensions has introduced the Minimum Earnings Threshold ‘(MET)’ as part of the decision making process for determining whether EEA nationals who claim income-based jobseeker’s allowance (JSA(IB)) have retained the status of a ‘worker’. Here I look at what it is, how it works, its intended...
The habitual residence test has been part of the benefits system since 1996. Under the test, new entrants to the UK and returning nationals are required to show that they are habitually resident in the Common Travel Area (the UK, the Channel Islands, the Isle of Man or the Republic...
New rules restricting access to welfare benefits for new EU migrants including a six month statutory presumption for benefits paid to jobseekers. In this post Garden Court Chambers barrister Desmond Rutledge looks at how we got here, what are the new rules and what might follow next.
...It is well known that those who have been granted leave to remain (LTR) in the United Kingdom but who have a ‘no recourse to public funds’ condition attached to their leave (including those who have applied under Appendix FM of the Immigration Rules) would be in breach of that...
In the recent case of Pensionsversicherungsanstalt v Peter Brey [2013] EUECJ C-140/12 (19 September 2013), the Court of Justice of the European Union (‘CJEU’) ruled that welfare benefit legislation which automatically bars benefit to an EEA national from another Member State based on the right to reside requirement is contrary...
