Secretary of State for Work and Pensions v AC (UC): [2017] UKUT 130 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Jacobs on 22 March 2017.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 5 April 2017

• Categories: Residence and presence conditions and Universal Credit
• Sub-categories: Residence and presence conditions - right to reside
• Judges: Jacobs, E
• Decision date: 22 March 2017

Read the full decision in CUC/2924/2016.

Judicial Summary

There are two points in this decision. One is that a lacuna in right to reside law must be found in EU law and not in domestic benefit law. The other is that it is a mistake to focus exclusively on EU law, whether to identify whether the law as a whole is deficient or to find a solution to the perceived problem.

Published 5 April 2017