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

(i) Is the child element of universal credit (“UC”) a family benefit under article 3(1)(j) of the Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems; and (ii) Is it necessary for the Supreme Court to refer the matter to the Court of Justice of the European Union (“CJEU”) under article 158 of the Withdrawal Agreement?

Facts

The Appellant, Michaela Simkova, is a Slovakian citizen and resident in England with a permanent right to reside in the United Kingdom. Ms Simkova has a son named Markus. At the relevant times, Markus lived with his grandparents in Slovakia Ms Simkova paid for his upkeep. On 26 July 2017, Ms Simkova applied for UC. On 25 September 2017, the Secretary of State for Work and Pensions (“SSWP”) awarded Ms Simkova UC with a child element. On 17 October 2019, the SSWP 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 awarded the child element. 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

Lord Lloyd-Jones

Lord Sales

Lord Hamblen

Lady Rose

Lord Richards

Hearing dates

Full hearing

Start date

30 June 2025

End date

1 July 2025

Watch hearings

Back to top