SSWP v AT (UC) [[2003] EWCA Civ 1307]

Case Overview

1. This is an appeal case brought by the Secretary of State for Work and Pensions (SSWP) against a decision by the Upper Tribunal (Administrative Appeals Chamber) regarding the provision of support to AT, a Romanian national with Pre-Settled Status (PSS) in the UK.¹SSWP v AT (UC) [2023] EWCA Civ 1307

2. AT was a victim of domestic abuse and found herself destitute with her child after fleeing her abuser. She was denied Universal Credit (UC) and the core question is whether the UK has a duty, under the Withdrawal Agreement with the EU, to provide support to AT given her circumstances.

Court’s Conclusion

3. The Court of Appeal dismissed the appeal by the SSWP stating that:

1. The Charter applies in domestic law via the Withdrawal Agreement,  
2. Article 1 confers a standalone right,
3. Individualised assessment must be made,
4. “Actual and current risk” of violation must be avoided,  
5. Local authorities acting under section 17 is not a satisfactory means of support,
6. The State retains responsibility for ensuring that people’s rights are protected and that responsibility for this cannot be delegated away.