Court of Appeal gives judgment on EU social security co-ordination rules

The Court of Appeal has handed down judgment in Konevod v SSWP [2020] EWCA Civ 809, a case about the complex rules in Regulation (EC) No. 883/2004 on EU social security co-ordination. The specific issue was whether a person who had previously lived and worked in the UK, and who then moved to live in a different EU member state, could make a new claim to the UK for a non-contributory “sickness benefit” after their move. Sickness benefits includes benefits such as Carer’s Allowance and Disability Living Allowance. The Court decided that there was no right to make a new claim to the UK in those circumstances. Rather, the claim had to be directed to the state whose law was presently applicable under Title II of the Regulation, which in Mr Kovenod’s case was Cyprus, the state where he was habitually resident. The Court distinguished the CJEU’s judgment in Tolley v Secretary of State for Work and Pensions [2017] 1 WLR 1201, where the claimant had been in receipt of sickness benefit before leaving the UK. Konevod was one of a number of test cases in the Upper Tribunal to determine the implications of Tolley across a range of scenarios. Tim Buley QC, leading Eleanor Mitchell (Matrix Chambers) acted pro bono for the Appellant, instructed by the Bar Pro Bono Unit (assisted by the Anti-Trafficking and Labour Exploitation Unit). Julia Smyth represented the Secretary of State for Work and Pensions, instructed by the Government Legal Department.