Fratila and another v SSWP [2021] UKSC 53

Abstract

2. In Fratila, the claimants – two Romanian nationals living in the UK with pre-settled status (PSS) granted under the EU Settlement Scheme – had their applications for Universal Credit (UC) refused on the basis that they did not have a qualifying right to reside. This is because the amendment the 2019 Regulations made to the Universal Credit Regulations 2013 (‘the 2013 Regulations’) – specifically the addition of reg 9 (3)(d)(i) – prevents leave to remain in the UK arising from PSS from constituting a qualifying right of residence for the purposes of UC applications.