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EU LAW
Simkova (Appellant) v Secretary of State for Work and Pensions (Respondent)
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.
Date of issue
1 July 2024
Judgment appealed
Appeal
Justices
Hearing dates
Full hearing
Start date
30 June 2025
End date
1 July 2025
Watch hearings
30 June 2025 - Morning session
30 June 2025 - Afternoon session
1 July 2025 - Morning session
1 July 2025 - Afternoon session
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Change log
Last updated 20 May 2025