Tag Archive for 'eligibility'

Morris dancing

By NL on 28/09/2011. 8 Comments

Bah v The United Kingdom – 56328/07 [2011] ECHR 1448

This is a decision of the European Court of Human Rights on the regulations for eligibility for housing support, after the declaration of incompatibility in Westminster v Morris [2005] EWCA Civ 1184.

It is a very significant case, not least because it has a direct bearing on the ‘corrective’ amendment that the Government made 4 years later in response to Morris via Schedule 15 Housing and Regeneration Act 2008 and the possibilities of any challenge to that Schedule. It also has broader implications for differential conditions for access to social welfare benefits in general, where a child subject to immigration … Read the full post

Posted in FLW case note, Homeless and Housing law - All. Tags: , , .

Homelessness, Workers and ‘effective employment’

By NL on 30/07/2011. 3 Comments

Falastin Amin v Brent LBC, Wandsworth County Court 2011

A county court s.204 appeal on the issue of eligibility of an EU citizen as a ‘wroker’. While it is not binding, it sets out a clear position which, given the involvement of Minos Perdios in the review decision, could well be of broader relevance. The following report was provided by lawyers in the case.

Mrs Amin is a Danish Citizen. She applied to Brent for assistance as a homeless person. At the time of her application she was unemployed, however, between the s184 decision and the review decision she obtained part-time work as a Customer Care Assistant working 16 … Read the full post

Posted in FLW case note, Homeless and Housing law - All. Tags: , , .

Eligibility: Reg 6(2)(a)

By Dave on 15/07/2011. 8 Comments

News has reached us at NL Towers (or lock-up – see image at bottom of page) from a regular reader/correspondent, Simon Marciniak, of an interesting and potentially important s 204 homelessness appeal decision on the ambit of Regulation 6(2)(a), Immigration (European Economic Area) Regulations 2006, SI 2006/1003.  That regulation says that:

A person who is no longer working shall not cease to be treated as a worker for the purpose of paragraph (1)(b) if – (a) he is temporarily unable to work as the result of an illness or accident.

So, if you are otherwise ineligible and not a worker, but temporarily unable to work due to illness/incapacity, you are … Read the full post

Posted in Benefits, FLW case note, Homeless and Housing law - All. Tags: .

It’s not how long it is…

By NL on 22/02/2011. 14 Comments

…but what you do at the end of it that counts*

FMB (EEA reg 6(2)(a) – ‘temporarily unable to work’) Uganda [2010] UKUT 447 (IAC)

The Immigration and Asylum Tribunal (Upper Chamber) is not our usual stamping ground, but this is a decision which has considerable broader significance for housing and benefit eligibility. It dates from November 2010, but we’ve just come across it. At issue was the meaning of Regulation 6(2)(a) Immigration (European Economic Area) Regulations 2006, which hold that an EEA worker does not cease to be treated as worker (and hence lose the right to reside and benefit/housing eligibility) if:

that the person “is temporarily unable to

… Read the full post

Posted in FLW case note, Homeless, Housing law - All and secure-tenancy. Tags: , , , , .

Residing legally …

By Dave on 29/07/2010. 7 Comments

An interesting argument emerged before the Court of Appeal in Lekpo-Bozua v Hackney LBC (SoS for Communities and Local Government joined as interested party) [2010] EWCA Civ 909.  The issue arose around the difference between, on the one hand,  an entitlement to the main housing duty under section 193, Housing Act 1996, to successful homelessness applicants, and, on the other hand, the duty owed in “a restricted case” under section 193(7AA).  The restricted case material was inserted into the 1996 Act (finally) by section 314, Housing and Regeneration Act 2008, in order to deal with the declaration of incompatibility found in R(Morris) v Westminster CC [2006] 1 WLR 505 … Read the full post

Posted in FLW case note, Homeless and Housing law - All. Tags: , , , .

Right of residence and children in education

By NL on 26/02/2010. 16 Comments

LB Harrow v Ibrahim C‑310/08 on reference from the Court of Appeal (LB Harrow v Ibrahim and another [2008] EWCA Civ 386. Our note here).

The question was whether:

(a) children of EU citizens who have installed themselves in a member state during the exercise by their parents of rights as residence as workers in that state are entitled to reside in the state in order to attend general educational courses;

(b) a parent who is the primary carer of those children – irrespective of his or her nationality – is entitled to reside with the children in order to allow the children to exercise that right. The … Read the full post

Posted in FLW case note, Homeless and Housing law - All. Tags: , , , .

Allocations and Homelessness amendments

By J on 03/03/2009. 3 Comments

Before the excitement of Ahmed tomorrow, there are two legislative developments to note.

Firstly, the Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2009, SI 2009/358, has just been published. It waives the requirement for a person to be a “habitual resident” of the UK in order for that person to be given assistance under Part 7 or an allocation under Part 6 if:

(a) the person arrived in Great Britain between 28 February 2009 and 18 March 2011;

(b) immediately before arriving in Great Britain, the person had been resident in Zimbabwe; and

(c) before leaving Zimbabwe, had accepted an offer from HM Government, to assist that … Read the full post

Posted in Allocation, Housing law - All and secure-tenancy. Tags: , , , , , .
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