January 2021 – Discrimination Challenge Fails

04/01/2021

The claimants were Romanian nationals who had been refused Universal Credit (UC) on the grounds that they could not meet the required residence test. They claimed this amounted to direct discrimination on grounds of nationality, contrary to EU law.

The court held that the regulations were indirectly discriminatory but were justified. The court found that the purpose of the restriction was consistent with the overall objective of the habitual residence requirement to protect the social security system from claims by persons not sufficiently economically integrated into or insufficiently closely connected with the UK.

The Social Security regulations 2019 do not therefore, give rise to unlawful discrimination.

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