We have just been arguing about that in Court today. EU SS has a different scope to Art 15 WA right of permanent residence (which is modelled on Art 16/17 of the Citizen's Rights Directive) - it is in fact more generous because there is no need to "legally reside" 1/2
Legal residence under Art 16/17 means "residence in accordance with the CRD" i.e. exercising EU free movement rights. EU SS as a domestic right is available for simple continuous residence (whether exercising EU rights or not). And anyone with EU SS gets social assistance 2/3
Even if they would not be eligible under EU law. Govt has accepted c.5,000 people now qualify via EU SS who would have no EU entitlement. It is PSS that is excluded from benefits. PSS also more generous (in terms of right to reside) than EU law, but no social assistance. 3/4
And it that exclusion from social assistance for those with a domestic right to reside under PSS that is being challenged in the Fratila case brought by CPAG, supported by AIRE Centre. The case turns on a CJEU decision called Trojani. Swift J has reserved judgment. END!
Headline is - if you have (or entitled) EU permanent residence you are protected by the WA; but if you have domestic EU SS (a form of indefinite leave to remain) you are currently entitled to benefits even if you have no relevant EU free movement rights.
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