Court of Appeal confirms economically inactive EU nationals with pre-settled status not eligible for housing assistance
Public Law and Judicial Review, Housing
The Court of Appeal has now handed down judgment in Fertre v Vale of White Horse DC, confirming the judgment of the High Court (Jay J) that a European national who moved to the UK before Brexit, and has pre-settled status, but is economically inactive is not eligible for housing assistance.
In so doing, the Court confirms the understood position under domestic law which is reflected in the Homelessness Code of Guidance.
The appellant argued that the Withdrawal Agreement had the effect of creating a new right of residence and guaranteeing her equal treatment with British citizens. She argued that this meant that PSS therefore entitled her to housing assistance.
She relied primarily on Article 13(4) of the Withdrawal Agreement, which states, with emphasis on the key words:
“4. The host State may not impose any limitations or conditions for obtaining, retaining or losing residence rights on the persons referred to in paragraphs 1, 2 and 3, other than those provided for in this Title. There shall be no discretion in applying the limitations and conditions provided for in this Title, other than in favour of the person concerned.”
She argued that the PSS was the exercise of a discretion, in her favour, and she was therefore residing in the UK on the basis of the Withdrawal Agreement.
The Court of Appeal dismissed the Appellant’s appeal. They noted that the Appellant’s case amounts to an argument that the Withdrawal Agreement, despite being silent on this point, created a right to assistance that did not exist before the Agreement. The Court was unable to accept that that was the intention of the Contracting Parties.
This appeal is academic for the Appellant, in any event, as she is no longer homeless; by November she will have settled status and if she becomes homeless again, she will be entitled to assistance on the same basis as a UK national.
Catherine Rowlands was instructed by the Vale of White Horse District Council in the appeal.
