GA v The Secretary of State for Work and Pensions

GA v The Secretary of State for Work and Pensions

The refusal of Universal Credit to the appellant, a victim of domestic violence with pre-settled status under Appendix EU, was unlawfully discriminatory contrary to Article 14 ECHR, and regulation 9(3)(c)(i) of the Universal Credit Regulations 2013 should be disapplied in her case.

Parties
Appellant: GA; First Respondent: The Secretary of State for Work and Pensions; Intervener: The Independent Monitoring Authority for the Citizens’ Rights Agreements
Jurisdiction
England and Wales
Judgment Date
26 November 2024
Procedural Posture
Appeal / Upper Tribunal Decision on Appeal From First Tier Tribunal
Outcome
Appeal allowed
Legal Topics
Universal Credit, Right to Reside, Discrimination Under Article 14 ECHR, Domestic Abuse Concession, Appendix EU, Appendix FM
Social Security Human Rights Immigration Universal Credit Right to Reside Discrimination Under Article 14 ECHR Domestic Abuse Concession Appendix EU +1 more

Case Brief

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Parties

GA

Appellant

The Secretary of State for Work and Pensions

First Respondent

The Independent Monitoring Authority for the Citizens’ Rights Agreements

Intervener

Procedural Posture

Appeal / Upper Tribunal Decision on Appeal From First Tier Tribunal

Legal Issues

  1. 1 Whether refusal of Universal Credit to appellant with pre-settled status under Appendix EU was unlawfully discriminatory under Article 14 ECHR
  2. 2 Whether regulation 9(3)(c)(i) of Universal Credit Regulations 2013 should be disapplied in appellant's case

Ratio Decidendi

The refusal of Universal Credit to the appellant, a victim of domestic violence with pre-settled status under Appendix EU, was unlawfully discriminatory contrary to Article 14 ECHR, and regulation 9(3)(c)(i) of the Universal Credit Regulations 2013 should be disapplied in her case.

Court Disposition

Appeal allowed

Orders

  • Decision of First-tier Tribunal set aside
  • Appellant's appeal from Secretary of State's decision of 23 August 2022 allowed