- Ministry of Justice, HM Courts & Tribunals Service, and Upper Tribunal (Administrative Appeals Chamber)
- 5 April 2017
- Decision date:
- 22 March 2017
- Residence and presence conditions and Universal Credit
- Residence and presence conditions - right to reside
- Jacobs, E
Upper Tribunal Administrative Appeals Chamber decision by Judge Jacobs on 22 March 2017.
Read the full decision in CUC/2924/2016.
There are two points in this decision. One is that a lacuna in right to reside law must be found in EU law and not in domestic benefit law. The other is that it is a mistake to focus exclusively on EU law, whether to identify whether the law as a whole is deficient or to find a solution to the perceived problem.
Published: 5 April 2017
Decision date: 22 March 2017