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16/10/2010

Teixeira and A8 nationals

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 that the child’s Art 12 rights were also – was rejected. There was in any event no reference to Art 12 in the annex to the derogation in Poland’s treaty of accession.

The DWP may be appealing.

Many thanks to the reader who altered me to this. You know who you are…

Giles Peaker is a solicitor and partner in the Housing and Public Law team at Anthony Gold Solicitors in South London. You can find him on Linkedin and on Twitter. Known as NL round these parts.

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