Simkova v Secretary of State for Work and Pensions [2025] UKSC 41

Описание: Simkova (Appellant) v Secretary of State for Work and Pensions (Respondent)

https://www.supremecourt.uk/cases/uks...

UKSC/2024/0093

Neutral citation: [2025] UKSC 41

On appeal from [2024] EWCA Civ 419

The Appellant, Michaela Simkova, is a Slovakian citizen and resident in England with a permanent right to reside in the United Kingdom. Ms Simkova has a son named Markus. At the relevant times, Markus lived with his grandparents in Slovakia Ms Simkova paid for his upkeep. On 26 July 2017, Ms Simkova applied for universal credit. On 25 September 2017, the Secretary of State for Work and Pensions awarded Ms Simkova universal credit with a child element. On 17 October 2019, the Secretary of State for Work and Pensions revised its decision on Ms Simkova’s entitlement to universal credit to remove the child element from the calculation of her award. Ms Simkova appealed to the First-tier Tribunal, which awarded the child element. The Upper Tribunal reversed that decision and the Court of Appeal dismissed Ms Simkova’s appeal. Ms Simkova now appeals to the Supreme Court.

The issue is:

(i) Is the child element of universal credit a family benefit under article 3(1)(j) of the Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems; and

(ii) Is it necessary for the Supreme Court to refer the matter to the Court of Justice of the European Union under article 158 of the Withdrawal Agreement?

The Supreme Court unanimously dismisses the appeal.

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