[2023] UKUT 149 (AAC)

The Appellant (hereafter “Ms T”) appealed, with permission given by a judge of the First-tier Tribunal (“FtT”), against the FtT’s decision dated 4 March 2020. That decision had dismissed her appeal against a decision by the First Respondent (“the local authority”) which on 27 September 2018 had decided that she was not entitled to housing benefit in respect of a property of which she was joint tenant with her son, Mr M, on the ground that she lacked a qualifying right to reside.

The case potentially gave rise to some difficult issues of EU law and questions of its implementation in the UK. Though now of diminishing significance, it will be seen that the case has identified a respect in which the Immigration (European Economic Area) Regulations 2016/1052 do not accurately reflect Directive 2004/38, which they were required to implement. I joined the Second Respondent (“SSWP”), who initially provided a written submission drafted by counsel on the legal issues involved. As a result of a further submission made by Mr M on Ms T’s behalf at a relatively late stage, SSWP, who had previously indicated an intention not to be represented at the hearing, changed that position close to the hearing and counsel was permitted to participate via videolink in view of his other professional commitments.

No difficulties were experienced with the videolink arrangements.