AMS v Secretary of State for Work and Pensions (PC)

AMS v Secretary of State for Work and Pensions (PC)

Where an EEA national with prior self-sufficiency and comprehensive sickness insurance claims state pension credit, Brey and Directive 2004/38/EC require an individualised assessment of whether granting the benefit would impose an unreasonable burden on the UK's social assistance system, considering personal circumstances and collective impact; neither the DWP nor the First-tier Tribunal conducted such an assessment, constituting an error of law.

Parties
Appellant: AMS; Respondent: SSWP (PC)
Jurisdiction
England and Wales
Judgment Date
02 February 2017
Procedural Posture
Administrative Appeal / Second Interim Decision
Outcome
First-tier Tribunal decision set aside; directions issued for further evidence and submissions to enable Brey-style assessment before remaking the decision.
Legal Topics
Right to Reside, State Pension Credit, Directive 2004/38/ec, Comprehensive Sickness Insurance, Sufficient Resources, Unreasonable Burden, Proportionality, Individual Assessment
Social Security European Union Law Right to Reside State Pension Credit Directive 2004/38/ec Comprehensive Sickness Insurance Sufficient Resources Unreasonable Burden +2 more

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Parties

AMS

Appellant

SSWP (PC)

Respondent

Procedural Posture

Administrative Appeal / Second Interim Decision

Legal Issues

  1. 1 Does Brey require an individualised assessment of whether granting state pension credit would impose an unreasonable burden on the UK's social assistance system for an EEA national with prior self-sufficiency and comprehensive sickness insurance?
  2. 2 Has the DWP and First-tier Tribunal failed to conduct the assessment mandated by Brey and Article 7(1)(b) and 8(4) of Directive 2004/38/EC?

Ratio Decidendi

Where an EEA national with prior self-sufficiency and comprehensive sickness insurance claims state pension credit, Brey and Directive 2004/38/EC require an individualised assessment of whether granting the benefit would impose an unreasonable burden on the UK's social assistance system, considering personal circumstances and collective impact; neither the DWP nor the First-tier Tribunal conducted such an assessment, constituting an error of law.

Court Disposition

First-tier Tribunal decision set aside; directions issued for further evidence and submissions to enable Brey-style assessment before remaking the decision.

Orders

  • Appellant to file and serve further evidence within 21 days.
  • Respondent to file and serve further evidence within 21 days of appellant's evidence.