November 2016 Right to Reside

In a recent case (Alhashem v Secretary of State for Works & Pensions EWCA Civ 395 2016) a Dutch national was refused income based Employment Support Allowance (ESA) on the grounds that they did not have a right to reside.

She appealed arguing it was not permissible under EU law to deny access to benefits intended to facilitate access to the labour market to an EU jobseeker.

An earlier appeal in the upper tribunal had rejected her claim on the grounds that ESA was not a benefit intended to facilitate access to the labour market. The Court of Appeal rejected the claimant’s further appeal stating that ESA is social assistance and not a labour market related benefit since ESA was primarily provided for those who cannot work or who are on the borderlines due to some disability or past episode in their lives.

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