Practice and Procedure

MARIUSZ SZPAK (Appellant) v SECRETARY OF STATE FOR WORK & PENSIONS (Respondent) & SECRETARY OF STATE FOR THE HOME DEPARTMENT (Interested Party) (2013)

PUBLISHED February 13, 2013
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[2013] EWCA Civ 46

On the correct construction of the Accession (Immigration and Worker Registration) Regulations 2004, a registration certificate did not operate retrospectively so as to qualify an accession state worker's employer as an "authorised employer" for a period prior to the certificate being issued. On that basis, an accession state worker was not entitled to Jobseeker's Allowance because he could not show that he had been "legally working" in the United Kingdom for 12 months or more for an "authorised employer" as required by the Regulations.

CA (Civ Div) (Pill LJ, Hughes LJ, Rimer LJ)

13/02/2013

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