EP v Secretary of State for Work and Pensions (JSA): [2016] UKUT 445 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Ward on 11 October 2016.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 1 December 2016

• Categories: European Union law and Housing and council tax benefits
• Sub-categories: European Union law - free movement and Housing and council tax benefits - other
• Judges: Ward, C
• Decision date: 11 October 2016

Read the full decision in CJSA/215/2016].

Judicial Summary

Whether a person has retained “worker” status rather than of a jobseeker and so, following amendments with effect from April 2014, remains potentially eligible for HB is not determined by JSA decisions by the DWP (or appeals therefrom) but by the L.A.

The availability of discretionary leave to remain for certain victims of trafficking does not preclude them from establishing “worker” status based on trafficked work.

Published 1 December 2016