Key Facts
- •WV (Respondent) is a Belgian national married to a UK national (J).
- •They jointly claimed Universal Credit (UC) but were awarded the single person rate.
- •The issue is whether WV can rely on J's benefits to demonstrate sufficient resources for residency purposes under EU law.
- •The case concerns the period before WV received settled status, when he was relying on J's legacy benefits and his carer's allowance.
- •The Secretary of State appealed the First-tier Tribunal's decision which allowed WV's appeal.
Legal Principles
EU citizens have a right to reside in another Member State if they have sufficient resources and comprehensive sickness insurance.
Directive 2004/38/EC, Article 7(1)(b)
Sufficient resources for self-sufficiency don't require a specific origin; imposing such a requirement is disproportionate.
C-200/02 Zhu and Chen, C-408/03 Commission v Belgium, C-218/14 Kuldip Singh, C-93/18 Bajratari
The host Member State must conduct an overall assessment of the burden on its social assistance system before refusing residence based on insufficient resources.
C-140/12 Pensionsversicherungsanstalt v Brey
Social assistance is defined as assistance claimed by an individual lacking resources to meet their basic needs, potentially burdening public finances.
C-140/12 Pensionsversicherungsanstalt v Brey
Universal Credit claimants must be in Great Britain and have a qualifying right to reside.
Welfare Reform Act 2012, sections 3, 4(1)(c), and (5); Universal Credit Regulations 2013, regulation 9
Outcomes
The Upper Tribunal allowed the Secretary of State's appeal but remade the decision in favour of the claimant.
WV had sufficient resources to avoid becoming a burden on the social assistance system before the UC claim, despite reliance on J's benefits (including social assistance). The burden resulting from allowing WV's claim as a couple was deemed not unreasonable after an assessment considering the limited time-frame and small number of similar cases.