On Wednesday 1 December 2021 the Supreme Court handed down its judgment in the “Fratila” case. The full decision can be found here:
This was an appeal taken by the Secretary of State for Work and Pensions (SSWP) to challenge a decision by the England and Wales Court of Appeal that effectively meant those with pre-settled status could automatically qualify for benefits such as Universal Credit. In allowing the appeal in favour of the SSWP, the Supreme Court relied on the judgment of the CJEU in the Case C-709/20 CG v The Department for Communities in Northern Ireland.
The CJEU judgment was in response to a referral from the Social Security Appeal Tribunal in Northern Ireland. This case remains live and awaits a further hearing before the tribunal. Law Centre NI”s legal team continue to work on this case in preparation for hearing and this may have relevance for other Northern Ireland-based claimants with pre-settled status who are in similar circumstances.
It remains our advice therefore that claimants should try to identify a qualifying right to reside for the benefit and if this is not possible they may wish to continue with their appeal in order to protect their position pending the outcome of the CG case.
We will provide a further update when available.