Upper Tribunal Considers Consistency of s.65(7) Social Security Contributions and Benefits Act 1992 with European Union Law

[2016] UKUT 0176 (AAC) The Upper Tribunal (Upper Tribunal Judge Jacobs) considered a difficult and significant question in IG v Secretary of State for Work and Pensions. The Secretary of State decided that, as Lithuania was the competent state for the purposes of Regulation 883/2004, the Appellant was not entitled to Attendance Allowance. Alistair Mills, representing the Appellant (unled, instructed by the Free Representation Unit), argued that this approach would be contrary to the principles of free movement and equal treatment protected by European Union law, relying on the decision of the CJEU in Cases C-611 and 612/10 Hudzinski v Agentur fur Arbeit Wesel-Familienkasse [2012] 3 CMLR 23. This argument was rejected, and the Upper Tribunal held that s.65(7) of the 1992 Act was consistent with European Union law.