EU Workers and housing eligibility

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

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