Secretary of State for Work and Pensions v NZ (ESA)
| Jurisdiction | UK Non-devolved |
| Judge | Judge Ward |
| Neutral Citation | [2017] UKUT 360 (AAC) |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Subject Matter | European Union law,European Union law - free movement,Ward,C |
| Date | 04 September 2017 |
| Published date | 21 September 2017 |
SSWP v NZ (ESA) (Third interim decision)
[2017] UKUT 0360 (AAC)
CE/98/2015 SSWP v NZ (ESA)
(Third interim decision) 1
IN THE UPPER TRIBUNAL Case No CE/98/2015
ADMINISTRATIVE APPEALS CHAMBER
Before UPPER TRIBUNAL JUDGE WARD
Attendances:
For the Appellant: Ms K Apps, instructed by the Government Legal
Department
For the Respondent: Mr R Mehta, instructed by the AIRE Centre
Third Interim Decision:
The United Kingdom has not derogated from Article 17 of Directive 2004/38
by the Accession (Immigration and Worker Registration) Regulations 2004 or
otherwise and so the claimant is not precluded from relying on Article 17 in
accordance with its terms by having been working in registered employment
in accordance with those Regulations only for a period of less than 12 months
at the time she seeks to rely upon the Article.
If this interim decision were to be considered appealable in its own right (as to
which I make no ruling), the time within which any application for permission
to appeal against it to the Court of Appeal must be made is extended until the
time provided for by rule 44(3) in relation to the final decision, yet to be given
by the Upper Tribunal, as varied, if applicable, by that final decision.
Further action in this appeal is stayed until the Court of Appeal shall have
issued its decision in SSWP v Gubeladze or further order.
REASONS FOR DECISION
Introduction
1. I begin by recalling that the claimant, a Polish national, had been working in
a chip shop. That employment had been registered belatedly under the
Worker Registration Scheme, with effect from 21 December 2006. She
continued actively working until 23 March 2007, when she went on maternity
leave. After she had been unwell for a while and made unsuccessful attempts
to return to work, her employment was terminated on 1 November 2007. On
11 November 2007. On 11 November 2007 she experienced acute psychosis
and was sectioned under the Mental Health Act 1983.
2. By a first interim decision, dated 9 June 2016, the decision of the First-tier
Tribunal (“FtT”) sitting at Margate on 28 August 2014 under reference
SC151/12/01269 was set aside. By a second interim decision, dated 20 June
2017, on the way to remaking the decision under s.12(2)(b) of the Tribunals
Courts and Enforcement Act 2007, I held that the claimant was unable to
show on the balance of probabilities that her illness with effect from an
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Secretary of State for Work and Pensions v NZ (ESA) (Final decision)
...she stopped working she did so as the result of such permanent incapacity. (c) The Third Interim Decision (dated 4 September 2017) ([2017] UKUT 360 (AAC)) addressed whether the present case was distinguishable from the case, then before the Court of Justice of the European Union, of C-618/1......