Tag Archive for 'eligibility'

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EU Workers and housing eligibility

By NL on 21/12/2008. 0 Comments

Barry v London Borough of Southwark [2008] EWCA Civ 1440 concerned an EEA national’s eligibility for social housing, via a Part VII application.

EEA ‘workers’ are eligible for housing assistance as they are not persons subject to immigration control for the purposes of s.185(1) Housing Act 1996 and Reg 6 of the Allocation of Housing and Homelessness (Eligibility) (England) Regulations. The definition of “worker” in reg 6(1) of the Immigration (European Economic Area) Regulations (“the EEA regulations”) applies.

Mr Barry contened that his case fell within reg 6(2)(b)(ii) of the EEA regulations:

(2) A person who is no longer working shall not cease to be treated as a worker for

… Read the full post

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

Eligibility for benefits

By chief on 01/12/2008. 1 Comment

Once again the issue of an applicant’s eligibility for benefits has come before the courts in Sylwia Kaczmarek v Secretary of State for Work and Pensions [2008] EWCA Civ 1310.  I am sure that all those with an interest in housing law will appreciate the importance of entitlement to benefits for many people within this field.

Ms Kaczmarek came to the UK from Poland, which was an EEA country at the material time.  It was argued on behalf of Ms Kaczmarek that although she clearly was not eligible under domestic legislation, she was entitled to income support relying on Articles 12 and 18 of the EU Treaty, when read … Read the full post

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

Homeless eligibility issue off to the ECJ

By NL on 11/10/2008. 0 Comments

Teixeira v London Borough of Lambeth [2008] EWCA Civ 1088 is a Court of Appeal hearing, referring questions about right of residence under Art 12 of Regulation (EEC) 1612/68 to the European Court. (This is very much a continuation of the issues in LB Harrow v Ibrahim [2008] EWCA Civ 386 – see this previous post on Nearly Legal).

The appellant is a citizen of Portugal, living in the UK since 1989. One of her children was living with her and was in full time education in London. Ms Teixeira had at one point been working but was no longer doing so, nor seeking work.

Ms Teixeira applied to … Read the full post

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

In passing…

By NL on 04/07/2008. 1 Comment

The Housing and Regeneration bill has been amended so that homeless applicants with families who are subject to immigration control will have that family count towards priority need. This will apply for UK/EU/Commonwealth citizens.

Good. That will hopefully be one of the more vicious and ugly effects of the current statute, already found to be in breach of ECHR, done with.… Read the full post

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

EU homeless and education

By NL on 21/04/2008. 2 Comments

A Court of Appeal case, concerning eligiblity for housing assistance via EU status

London Borough of Harrow v Ibrahim & Anor [2008] EWCA Civ 386 (21 April 2008)

The facts are, briefly, Mrs Ibrahim is a Somali national, married to a Danish national. He came to the UK in 2002 and worked until 2003, when he claimed incapacity benefit to 2004. He was then declared fit. He didn’t take up work and left the UK shortly afterwards. he returned in December 2006 and remained without work.

Mrs Ibrahim and their four children joined Mr Ibrahim in the UK in Feb 2003. The children started school in Harrow and have remained … Read the full post

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