D, R (on the application of) v Secretary of State for Work and Pensions [2004] EWCA Civ 1468 (11 October 2004)

D, R (on the application of) v Secretary of State for Work and Pensions [2004] EWCA Civ 1468 (11 October 2004)

The UK regulations lawfully implement the transitional derogations permitted by the Treaty of Accession, allowing discrimination in access to the labour market and related benefits for A8 nationals until 12 months' uninterrupted employment is achieved. The applicant, not being a 'worker' within the meaning of Article 7.2 prior to this period, cannot claim equal treatment. The registration requirement and fee are proportionate and justified.

Citation
[2004] EWCA Civ 1468
Parties
Claimant/appellant: The Queen on the Application of 'D'; Defendant/respondent: Secretary of State for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
11 October 2004
Procedural Posture
Judicial Review / Appeal Against Refusal of Permission to Apply for Judicial Review
Outcome
Application refused
Legal Topics
Freedom of Movement for Workers, Discrimination on Grounds of Nationality, Transitional Provisions for EU Accession States, Access to Social Security Benefits, Worker Registration Requirements
European Union Law Administrative Law Immigration Law Social Security Law Freedom of Movement for Workers Discrimination on Grounds of Nationality Transitional Provisions for EU Accession States Access to Social Security Benefits +1 more

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Parties

The Queen on the Application of 'D'

Claimant/appellant

Secretary of State for Work and Pensions

Defendant/respondent

Procedural Posture

Judicial Review / Appeal Against Refusal of Permission to Apply for Judicial Review

Legal Issues

  1. 1 Whether UK domestic regulations implementing transitional provisions for A8 nationals lawfully derogate from EU law on non-discrimination and access to benefits
  2. 2 Whether the requirement for worker registration and exclusion from certain benefits for less than 12 months' employment is unlawfully discriminatory

Ratio Decidendi

The UK regulations lawfully implement the transitional derogations permitted by the Treaty of Accession, allowing discrimination in access to the labour market and related benefits for A8 nationals until 12 months' uninterrupted employment is achieved. The applicant, not being a 'worker' within the meaning of Article 7.2 prior to this period, cannot claim equal treatment. The registration requirement and fee are proportionate and justified.

Court Disposition

Application refused

Orders

  • Permission to apply for judicial review refused
  • Costs awarded to respondent subject to detailed assessment