In Samin v Westminster CC [2012] EWCA Civ 1468 [not on bailii yet - lawtel has a transcript], the Court of Appeal had to decide what was meant by someone being "temporarily unable to work" so as to determine if Mr Samin retained his status as a "worker"...
Homelessness, Workers and ‘effective employment’
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...
It’s not how long it is…
...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...
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...
Ibrahim/Teixeira guidance
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...
Permission 2 – given: EU child and Homeless duty
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,...
Right of residence and children in education
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...
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...
EU citizens and social housing
Head of Legal had an interesting post in response to my post on Hodge's outburst (the ramifications of which rumble on, including the BNP noting gratefully that they win whether the ideas become policy or if they are not carried through. Unfortunately true....
Local housing for local people
Margaret Hodge has decided that this is a good time to say that too much Council housing is going to economic migrants at the expense of local residents. Allocation policies should be rethought to reward 'length of residence, citizenship and national...