England and Wales Case Law

BHO, R (On the Application Of) v Secretary of State for Heath and Social Care & Anor

BHO, R (On the Application Of) v Secretary of State for Heath and Social Care & Anor [2026] EWHC 517 (Admin) (10 March 2026)

The High Court held that Article 18.1 Withdrawal Agreement residence status is prospective only, upheld NHS charging during the interim period, and refused a CJEU reference.

• Withdrawal agreement
• Nhs charging regulations
• Eu settlement scheme
• Social security coordination
• Discrimination
• Retrospective effect of rights

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IM v Secretary of State for Work and Pensions

The Upper Tribunal held that the UK, not Romania, was the competent state for Attendance Allowance under Regulation 883/2004 and remade the case accordingly.

• Attendance allowance
• Competent authority
• Social security coordination
• Withdrawal agreement
• Regulation (ec) no 883/2004
• Attendance-allowance

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AS v Secretary of State for Work and Pensions

The Upper Tribunal held that the UK, not Poland, was the competent state for Carers Allowance under Regulation 883/2004 and remitted reconsideration to the SSWP.

• Carers allowance
• Competent state
• Social security coordination
• Eu withdrawal agreement
• Carers-allowance
• Social-security-coordination

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Kavanagh & Anor v The Secretary of State for Work And Pensions

The Court of Appeal held that two recent EU migrants were entitled to non-contributory benefits because each had a genuine and sufficient link to the UK.

• Disability living allowance
• Attendance allowance
• Habitual residence
• Genuine and sufficient link
• Eu freedom of movement
• Social security coordination

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Kavanagh & Anor v The Secretary of State for Work And Pensions

Kavanagh & Anor v The Secretary of State for Work And Pensions [2019] EWCA Civ 272 (07 March 2019)

The Court of Appeal held that both appellants had a genuine and sufficient link to the UK for DLA and attendance allowance, and allowed the appeals.

• Disability living allowance
• Attendance allowance
• Eu free movement
• Genuine and sufficient link test
• Habitual residence
• Social security coordination

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