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England and Wales Case Law

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Social security law

Simkova v Secretary of State for Work and Pensions

The Supreme Court held that the child element of Universal Credit is not a separate family benefit under EU coordination rules and is not exportable.

  • Universal credit
  • Family benefits
  • Eu coordination regulation
  • Exportability of benefits
  • Withdrawal agreement
  • Universal-credit
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Social security law [2024] EWCA Civ 419

Simkova v Secretary of State for Work And Pensions

Simkova v Secretary of State for Work And Pensions [2024] EWCA Civ 419 (26 April 2024)

The Court of Appeal held that Universal Credit is a composite benefit outside Regulation 883/2004’s scope and that its child element cannot be severed as an exportable family benefit.

  • Universal credit
  • Family benefits
  • Severability
  • Eu social security coordination
  • Withdrawal agreement
  • Universal-credit
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Social security law

Michaela Simkova v Secretary of State for Work and Pensions

The Court of Appeal held that Universal Credit’s child element is not severable into a standalone family benefit under Regulation 883/2004, and dismissed the appeal.

  • Universal credit
  • Family benefits
  • Severability of benefits
  • Eu regulation 883/2004
  • Withdrawal agreement
  • Exportability of benefits
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Social security

Secretary of State for Work and Pensions v MS

The Upper Tribunal held that the child element of universal credit is not a social security family benefit under Regulation 883/2004 and dismissed the appeal.

  • Universal credit
  • Family benefits
  • Regulation (ec) 883/2004
  • Directive 2004/38/ec
  • Severability of benefit components
  • Universal-credit
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Social security law

Wendy Carrington v The Commissioners for HMRC

The Court of Appeal held that Article 7 of Regulation 883/2004 did not preserve UK child benefit after a permanent move to Spain.

  • Child benefit
  • Exportability of social security benefits
  • Coordination of social security systems
  • Residence requirements
  • Family benefits
  • Child-benefit
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Social security law

Secretary of State for Work & Pensions v Bobezes

The Court of Appeal held that a four-week absence rule for income support could indirectly discriminate against migrant workers and sent the issue back for justification.

  • Indirect discrimination
  • Migrant workers
  • Income support
  • Family benefits
  • Application of eu regulations
  • Burden of proof in discrimination cases
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.