WH v Powys County Council & Anor

WH v Powys County Council & Anor

The appellant had acquired a right of permanent residence by fulfilling the requirements of Article 7(1)(b) of Directive 2004/38 for more than five years, including comprehensive sickness insurance through NHS affiliation, and thus was entitled to housing benefit for the relevant period.

Parties
Appellant: WH; First Respondent: Powys County Council; Second Respondent: Secretary of State for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
25 July 2022
Procedural Posture
Appeal / Upper Tribunal Decision on Appeal From First Tier Tribunal
Outcome
Appeal allowed
Legal Topics
Right to Reside, Housing Benefit Entitlement, Comprehensive Sickness Insurance, Permanent Residence, Proportionality, Brexit Transitional Provisions
Social Security Law European Union Law Administrative Law Right to Reside Housing Benefit Entitlement Comprehensive Sickness Insurance Permanent Residence Proportionality +1 more

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Parties

WH

Appellant

Powys County Council

First Respondent

Secretary of State for Work and Pensions

Second Respondent

Procedural Posture

Appeal / Upper Tribunal Decision on Appeal From First Tier Tribunal

Legal Issues

  1. 1 Whether the appellant had a sufficient right to reside for housing benefit purposes between 19 December 2016 and 5 June 2019
  2. 2 Whether the appellant met the requirements of comprehensive sickness insurance under Article 7(1)(b) of Directive 2004/38
  3. 3 Whether the doctrine of proportionality required disapplication of legislative requirements

Ratio Decidendi

The appellant had acquired a right of permanent residence by fulfilling the requirements of Article 7(1)(b) of Directive 2004/38 for more than five years, including comprehensive sickness insurance through NHS affiliation, and thus was entitled to housing benefit for the relevant period.

Court Disposition

Appeal allowed

Orders

  • The appellant's appeal to the First-tier Tribunal against the First Respondent's decision of 3 July 2017 refusing him housing benefit on and from 19 December 2016 is allowed.
  • The appellant had a sufficient right to reside for housing benefit purposes and, provided he continued to fulfil the other conditions of entitlement, remained entitled to housing benefit between 19 December 2016 and 5 June 2019.