RF v London Borough of Lambeth (HB): [2019] UKUT 52 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Jacobs on 12 February 2019

From:
HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
Published
28 March 2019
Categories:
European Union law, Housing and council tax benefits
Sub-categories:
European Union law - workers, Housing and council tax benefits - other
Judges:
Jacobs, E
Decision date:
12 February 2019

Read the full decision in CH/2085/2018.

Judicial Summary

Minimum Earnings Threshold is guidance and not law. It contains a concession by the Secretary of State that a claimant has a right to reside if the Threshold is met. If it is not met, the claimant’s status as employed or self-employed has to be decided by reference to the criteria set out in the EU case law. The local authority and the tribunal decided that the claimant did not have a right to reside because the Threshold was not met. That was wrong.

Updates to this page

Published 28 March 2019
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