Tag Archive for 'EU'

Eligibility for benefits

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

Homeless eligibility issue off to the ECJ

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

EU homeless and education

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



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