Supreme Court hears case on EU migrants and housing assistance

The Supreme Court is this week considering whether a local authority’s decision that an EEA-national migrant was ineligible for housing assistance under the Housing Act 1996 was lawful.

The case of Samin v Westminster City Council relates to the local authority’s decision that Wadi Samin – a homeless, Austrian national – was ineligible for housing assistance in the UK.

Westminster took the decision on the basis that Samin was not a "qualified person" within the meaning of the relevant legislation because he was not in work at the time he applied to the council as homeless and his continuing inability to work due to illness was not temporary.

The appellant’s case was rejected by a reviewer, a circuit judge and – in November 2012 – the Court of Appeal.

A five-justice panel – comprising Lord Neuberger, Lady Hale, Lord Kerr, Lord Clarke and Lord Reed – is hearing the case today and tomorrow (9-10 March).

The Secretary of State for Communities and Local Government and the AIRE Centre are intervening.