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

Hearing listed

Case summary
Appeal
Change log

Case summary

Case ID

UKSC/2024/0093

Parties

Appellant(s)

Michaela Simkova

Respondent(s)

Secretary of State for Work and Pensions

Intervener(s)

Advice on Individual Rights in Europe (AIRE) Centre

Issue

Was the Court of Appeal wrong: (i) in its understanding of the correct approach to the test to identify a “benefit” for the purposes of the applicable EU Regulations; and (ii) to conclude that the position on this was sufficiently clear that no reference to the Court of Justice of the European Union (“CJEU”) was needed?

Facts

The Appellant, Michaela Simkova, is a Slovakian citizen who first came to the UK in exercise of her rights as an EEA citizen in 2005. As of July 2017, when the issue underlying this appeal arose, Ms Simkova had a permanent right to reside in the UK. Ms Simkova has a son named Markus. At the relevant times, Markus lived with his grandparents in Slovkia and was educated there, but Ms Simkova took all major decisions in her son’s life, including in respect of his education and health. Ms Simkova was also the sole financial provider for his needs, including paying for clothes, food, toiletries, utilities and doctors’ fees. In July 2017, Ms Simkova applied for universal credit (“UC”). In September 2017, Ms Simkova was ultimately awarded UC standard allowance with a child element. In October 2019, the Secretary of State revised its decision on Ms Simkova’s entitlement to UC to remove the child element from the calculation of her award. Ms Simkova appealed to the First Tier Tribunal, which held that the child element should be included as part of Ms Simkova’s UC entitlement. The Upper Tribunal reversed that decision and the Court of Appeal dismissed Ms Simkova’s appeal. Ms Simkova now appeals to the Supreme Court.