EU LAW
A (fictitious) British law (the Relief of Poverty Act 2008) provides that people of working age, who are ordinarily resident within the UK, are entitled to a subsistence benefit which is intended to protect people from living in poverty. The benefit is paid inter alia to job seekers and to students in full time higher education. According to the fictitious Act, ‘foreign nationals’ whose right of residence arises only from the fact that they are seeking work in the UK or who have entered the UK only to seek social assistance, are excluded from receiving benefits under the Relief of Poverty Act. Foreign students may receive benefits under the Act only if their home state does not provide subsistence benefits for students.
Nicolas, a Cypriot national, came to the UK on 1 July 2011 in answer to an advertisement seeking computer programmers. He worked for M-phasis, a company specialising in computer games, for two months. The terms on which he worked were as follows. Whenever M-phasis had an urgent programming need, in order to meet a delivery deadline, Nicolas would have ‘first refusal’ on the chance to do the work. For the first month, Nicolas worked nearly every day for M-phasis. However, thereafter M-phasis called him only a few times. Nicolas looked for alternative work, but was unable to find any. Nicolas then applied for a benefit under the Relief of Poverty Act. He was refused, on the basis that he had entered the UK to seek work. The UK authorities are now (December 2011) seeking to deport him. Nicolas argues that the term ‘foreign nationals’ in the Act must be interpreted consistently with EU law, and that it therefore means only nationals of a state outside the EU.
Advise Nicolas:
(a) of his rights in EU law, and
(b) of the mechanisms available in EU law to enforce those rights.
Cyprus grants maintenance grants to students who study in its Universities. They are not available to students who choose to study elsewhere, as Cyprus seeks to build up its higher education sector.
(c) How, if at all, would your advice differ if Nicolas had started a full time University course in the UK on 1 October 2010?
in (a) am i supposed to argue whether it is a benefit or not and if the UK is justified in banning it?
Nicolas, a Cypriot national, came to the UK on 1 July 2011 in answer to an advertisement seeking computer programmers. He worked for M-phasis, a company specialising in computer games, for two months. The terms on which he worked were as follows. Whenever M-phasis had an urgent programming need, in order to meet a delivery deadline, Nicolas would have ‘first refusal’ on the chance to do the work. For the first month, Nicolas worked nearly every day for M-phasis. However, thereafter M-phasis called him only a few times. Nicolas looked for alternative work, but was unable to find any. Nicolas then applied for a benefit under the Relief of Poverty Act. He was refused, on the basis that he had entered the UK to seek work. The UK authorities are now (December 2011) seeking to deport him. Nicolas argues that the term ‘foreign nationals’ in the Act must be interpreted consistently with EU law, and that it therefore means only nationals of a state outside the EU.
Advise Nicolas:
(a) of his rights in EU law, and
(b) of the mechanisms available in EU law to enforce those rights.
Cyprus grants maintenance grants to students who study in its Universities. They are not available to students who choose to study elsewhere, as Cyprus seeks to build up its higher education sector.
(c) How, if at all, would your advice differ if Nicolas had started a full time University course in the UK on 1 October 2010?
in (a) am i supposed to argue whether it is a benefit or not and if the UK is justified in banning it?
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