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Employment and support allowance was social assistance and not a labour market-related benefits, for the purposes of EU law

Published:

Re: Alhashem v Secretary of State for Work and Pensions [2016] EWCA Civ 395

Whether the decision of the Secretary of State had been correct, where the appellant, a Dutch citizen, had been denied employment and support allowance, on the grounds that she did not have a right to reside in the UK. Held: Employment and support allowance was social assistance and not a labour market-related benefit. EU law only required labour market-related benefits to be made available to EU citizens from other member states.

Helen Mountfield QC was involved in this case.