Kavanagh and another v Secretary of State for Work and Pensions

Social security – Benefit. The appellants, who had recently arrived in the UK from another member state of the EU, succeeded in their joined appeals, concerning the respondent Secretary of State's refusal of their claims to non-contributory social security benefits in the UK. The Court of Appeal, Civil Division, ruled that reg 2A(1)(c) of the Social Security (Disability Living Allowance) Regulations 1991, SI 1991/2890, and reg 2A(1)(c) of the Social Security (Attendance Allowance) Regulations 1991, SI 1991/2740, were to be interpreted and applied as requiring a genuine and sufficient link to the UK, that there was no requirement for an additional and separate proportionality assessment for each individual applicant, and that evidence of the motives, intentions and expectations of the applicant were not to be ignored if they were relevant to proof of the link and were convincing. The court held that, on the facts, the appellants, had both had a genuine and sufficient link to the UK at the time of their respective claims and, accordingly, the decision of the Upper Tribunal (Administrative Appeals Chamber) that they were not entitled to the benefits was flawed.

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