Tag Archive for 'EU citizen'

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: , , .

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: , , , , .

Teixeira and A8 nationals

By NL on 16/10/2010. 0 Comments

Secretary of State for Work and Pensions v JS (IS) [2010] UKUT 347 (AAC) [not on Bailii yet]

Just a quick note on this Upper Tribunal (Administrative Appeals Chamber) case, which found that the Art 12 Ibrahim/Teixeira rights applied to an A8 national who had been working under registration, but had not completed the 12 months before becoming unemployed and claiming Income Support. The Polish woman’s children entered education in England while she was working.

The Secretary of State’s argument that Baumbast and Art 12 rights did not accrue to Accession 8 nationals until after the 12 month period – and that until then the workers rights are qualified, so … Read the full post

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

Ibrahim/Teixeira guidance

By NL on 18/05/2010. 8 Comments

The DWP has issued guidance to decision-makers on benefit entitlement in the wake of Ibrahim and Teixeira (our report here) in the European Court, for when there is a likely Article 12 Regulation (EEC) No 1612/68 derived right for a child or children to remain to complete education. A copy of the guidance can be found here [link to PDF. Thanks to Disability Alliance]. The guidance is interesting not just for benefit entitlement, but it is a fair guess that housing authorities would follow a similar line.

A couple of things strike me about the guidance. One is the insistence that the Claimant must be primary carer AND … Read the full post

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

Permission 2 – given: EU child and Homeless duty

By NL on 22/03/2010. 0 Comments

Lekpo-Bozua v Hackney LBC [2010] EWCA Civ 222 [Not on Bailii]

Ms L-B had applied to Hackney as homeless. Hackney accepted that she was eligible, homeless, not intentionally homeless and in priority need, because her niece, a child, lived with her. However, while Ms L-B was a UK citizen, her niece was an EU national. Hackney contended that this meant the niece was a restricted person within the meaning of section 184(7) Housing Act 1996:

so that its duty to re-house her was the more limited duty imposed by section 193(2) and (7)(AA) of the Act. That meant that its duty to the applicant continued only until she accepted or

… 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: , , , .

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: , , , , , .
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