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England and Wales Case Law

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Social security law

AR v Secretary of State for Work and Pensions

The Upper Tribunal allowed AR’s appeal, setting aside First-tier Tribunal decisions for failure to address retained worker status and inadequate reasons.

  • Universal credit
  • Right to reside
  • Retained worker status
  • Burden of proof
  • Inquisitorial duty of tribunal
  • Universal-credit
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Social security

SJ v Secretary of State for Work and Pensions

The Upper Tribunal set aside the First-tier Tribunal’s decision on universal credit eligibility, finding inadequate fact-finding on self-sufficiency and AT destitution.

  • Universal credit
  • Right to reside
  • Self-sufficiency
  • Destitution
  • Eu law
  • Habitual residence
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Social security

KS v Secretary of State for Work and Pensions

The Upper Tribunal allowed KS’s appeal, set aside the First-tier Tribunal decision, and remade the case in her favour on qualifying right to reside.

  • Universal credit
  • Right to reside
  • Permanent residence
  • Self-employment status
  • Universal-credit
  • Right-to-reside
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Social security

MN v Secretary of State for Work and Pensions

The Upper Tribunal allowed MN’s appeals, set aside two First-tier Tribunal decisions, and remitted the case for a fresh hearing on self-sufficiency and right to reside.

  • Universal credit
  • Right to reside
  • Self-sufficiency
  • Habitual residence
  • Comprehensive sickness insurance
  • Universal-credit
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Social security law

Secretary of State for Work and Pensions v MR

The Upper Tribunal held the First-tier Tribunal erred in law on self-sufficiency and right to reside for universal credit, and remitted the case for a fresh oral hearing.

  • Right to reside
  • Universal credit eligibility
  • Self-sufficiency
  • Habitual residence
  • Social assistance
  • Comprehensive sickness insurance
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Social security

YK v Secretary of State for Work and Pensions (USTA)

The Upper Tribunal allowed an anonymised appeal, finding the First-tier Tribunal gave inadequate reasons and materially erred in law. The case was remitted.

  • Universal credit
  • Right to reside
  • Habitual residency test
  • Error of law
  • Appeal procedure
  • Universal-credit
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Social security law

YK v Secretary of State for Work and Pensions

The Upper Tribunal allowed a Universal Credit appeal, finding the First-tier Tribunal gave inadequate reasons and materially erred in law. The case was remitted for a fresh hearing.

  • Universal credit
  • Right to reside
  • Habitual residence test
  • Error of law
  • Tribunal procedure
  • Universal-credit
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Social security

Secretary of State for Work and Pensions v Wilfried Versnick & Anor

The Court of Appeal dismissed the Secretary of State’s appeal over Universal Credit, holding that the EU national could rely on household resources without legal error on these facts.

  • Universal credit eligibility
  • Self-sufficiency under eu directive
  • Social assistance burden
  • Right to reside
  • Directive 2004/38/ec interpretation
  • Universal-credit
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Social security law [2024] EWCA Civ 1454

Secretary of State for Work and Pensions v Versnick & Anor

Secretary of State for Work and Pensions v Versnick & Anor [2024] EWCA Civ 1454 (29 November 2024)

The Court of Appeal dismissed the Secretary of State’s appeal, holding that an EU national could rely on a UK spouse’s benefits in assessing self-sufficiency where the household burden did not increase.

  • Universal credit eligibility
  • Eu citizens' rights directive
  • Self-sufficiency under directive 2004/38/ec
  • Right to reside
  • Social assistance burden
  • Habitual residence test
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Social security

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.

  • Universal credit
  • Right to reside
  • Discrimination under article 14 echr
  • Domestic abuse concession
  • Appendix eu
  • Appendix fm
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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.