D, R (on the application of) v Secretary of State for Work and Pensions

D, R (on the application of) v Secretary of State for Work and Pensions

The domestic regulations of 2004 constitute a permissible derogation under the Treaty of Accession and Regulation 1612/68, allowing discrimination against accession state nationals in access to the labour market and related benefits during the transitional period. The applicant was not entitled to equal treatment as a worker or jobseeker until meeting the 12-month employment requirement. The registration requirement and fee are proportionate and lawful within the derogation.

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 From 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 Benefits, Worker Registration Requirements
Administrative Law European Union 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 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 From Refusal of Permission to Apply for Judicial Review

Legal Issues

  1. 1 Whether the 2004 domestic regulations unlawfully discriminate against nationals of accession states contrary to EU law
  2. 2 Whether the derogations and transitional measures under the Treaty of Accession and Regulation 1612/68 permit the impugned discrimination
  3. 3 Whether the applicant, as a worker or jobseeker, is entitled to equal access to social benefits

Ratio Decidendi

The domestic regulations of 2004 constitute a permissible derogation under the Treaty of Accession and Regulation 1612/68, allowing discrimination against accession state nationals in access to the labour market and related benefits during the transitional period. The applicant was not entitled to equal treatment as a worker or jobseeker until meeting the 12-month employment requirement. The registration requirement and fee are proportionate and lawful within the derogation.

Court Disposition

Application refused

Orders

  • Application for permission to apply for judicial review refused
  • Costs to be subject to detailed assessment