WH v Powys County Council and Secretary of State for Work and Pensions: [2022] UKUT 203 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Ward on 25 July 2022.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 10 August 2022

• Categories: European Union law
• Sub-categories: European Union law - free movement
• Judges: Ward, C
• Decision date: 25 July 2022

Read the full decision in UA-2019-001384-HB.

Judicial Summary

In a case relating to a period before the Brexit “IP completion day” of 31 December 2020, the decision of the CJEU in C-247/20 VI v HMRC is applied, with the support of both Respondents, to allow a claimant, where the evidence demonstrated “affiliation” to the National Health Service over the necessary period, to rely on that affiliation to establish “comprehensive sickness insurance cover” for the purposes of art.7(1)(b) of Directive 2004/38.

Published 10 August 2022