Immigration and Benefits

Two recent cases about the effect of immigration status on benefits

Benefits, Community Law and Habitual Residence
Collins v Secretary of State for Work and Pensions [2006] EWCA Civ
376
CA
4 April 2006
Daily Law Notes Report Summary
In the context of jobseeker's allowance an habitual residence test
simpliciter, as a means of establishing the requisite "genuine
link" between a claimant for the allowance and the UK employment
market, was fully compatible with Community law.

Immigration Control and Housing Benefit
Ismail and another v Barnet London Borough Council [2006] EWCA Civ
383
CA
6 April 2006
Daily Law Notes Report Summary
Although, nationals of the Netherlands did not require leave to
enter the United Kingdom as nationals of a member state of the
European Economic Area, their residence here was subject to
immigration control; and accordingly, on a proper construction of
the legislation, they did not lose eligibility to housing benefit
for the purposes of the Housing Act 1996.