- Pre-settled status, access to benefits and permission to discrimination (CG v Department for Communities)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
EU Law analysis: The Court of Justice has held that the UK’s decision to withhold Universal Credit from those awarded pre-settled status under the EU Settlement Scheme is lawful, provided there is no breach of the EU Charter of Fundamental Rights. This permission to discriminate risks leaving around 2 million European Economic Area (EEA) nationals and their family members with pre-settled status without a social safety net until they are able to upgrade to settled status. This ruling will inform the Supreme Court’s upcoming decision in Fratila v SSWP on the same issue. It is yet to be seen how the UK will avoid any potential breaches of the EU Charter, or if some individuals will be able to make successful claims to Universal Credit, or appeal refusals, based on risks of a violation to their fundamental rights. Written by Alice Welsh, research fellow at EU Rights and Brexit Hub.
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