Slezak v Secretary of State for Work and Pensions

Social security law – Income support – Entitlement – Polish national – Right to reside. Court of Session: Allowing an appeal against a decision of the Upper Tribunal (UT) by a Polish national, who had remained in Glasgow and continued to attend school there after her mother, who had joined her in the UK to seek work, returned to Poland, in which the UT confirmed the respondent's decision to refuse the appellant's claim for income support, the court held that the 'right to reside' conferred by reg 14(3) of the Immigration (European Economic Area) Regulations 2006 was not an excluded right for the purposes of reg 21AA(3) of the Income Support (General) Regulations 1987, and provided the appellant was able to establish habitual residence in the UK and satisfy the other eligibility criteria of the 1987 Regulations she was entitled to Income Support.

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