Patmalniece v Secretary of State for Work and Pensions (AIRE Centre intervening) – WLR Daily

Patmalniece v Secretary of State for Work and Pensions (AIRE Centre intervening) [2011] UKSC 11; [2011] WLR (D) 91

“The conditions for entitlement to state pension credit, which included a requirement that a claimant had a right to reside in the United Kingdom or the Republic of Ireland, constituted indirect discrimination against nationals of other European Union member states which was, however, justified by the legitimate aim of protecting the resources of the United Kingdom against benefit or social tourism by those who were not economically or socially integrated with the country.”

WLR Daily, 16th March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

1 Response to “Patmalniece v Secretary of State for Work and Pensions (AIRE Centre intervening) – WLR Daily”


  1. 1 Taney March 21, 2011 at 10:59 pm

    I totaly agree with their decision, but i definetly do not agree with the new Pension Credit rules the government are proposing with the intreduction of the new Universal Credit, they are listed below.

    “Quote”
    Welfare Reform Bill Explanatory Notes:

    Page 22
    145. Paragraph 64 amends the State Pension Credit Act 2002 so that a member of a couple who has attained the qualifying age for state pension credit may not receive state pension credit if the other member of the couple has not attained that qualifying age. This is to ensure that all claimants who have not attained the qualifying age for state pension credit are required to claim universal credit and, if appropriate, be subject to work-related conditions of entitlement.

    And in the Welfare Reform Bill itself,

    “Quote”
    Page 113
    State Pension Credit Act 2002 (c. 16)

    Paragraph 64 In section 4 of the State Pension Credit Act 2002 (exclusions), after subsection
    (1) there is inserted—

    “(1A) A claimant is not entitled to state pension credit if he is a member of a couple the other member of which has not attained the qualifying age.”

    This of course will have a big impact for people on Pension Credit who are already struggling with the winter fuel bills and rising costs, so let’s start contacting our MP’s now to protest before it gets passed.


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