Elaine Banton and Joshua Yetman have written two briefings for the Discrimination Law Association Journal, which can be viewed here:

Fratila and Tanase v Secretary of State for Work and Pensions; the Advice on Individual Rights in Europe (intervener) [2020] EWHC 998 (Admin)

Fratila raises important questions in relation to the EU Settlement Scheme, and EU citizens who have pre-settled status under that scheme. The appellants were refused Universal Credit because the Universal Credit Regulations 2013/376 bar claimants with pre-settled from obtaining Universal Credit.

O’Donnell v Department for Communities [2020] NICA 36

O’Donnell concerns bereavement support payment within Northern Ireland. Provisions under the Pensions Act (Northern Ireland) 2015 stipulated that, in order for a claimant to receive bereavement support payment, their deceased spouse must have paid Class 1 or Class 2 National Insurance Contributions. The appeal addressed whether the provisions that provide for that requirement were incompatible with ECHR Article 14, read with Article 8 and Protocol 1 Article 1.

 


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