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Case C-709/20: Reference for a preliminary ruling from Appeal Tribunal for Northern Ireland (United Kingdom) made on 30 December 2020 — CG v Department for Communities in Northern Ireland
ECLI:EU:UNKNOWN:62020CN0709
62020CN0709
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Valentina R., lawyer
29.3.2021
Official Journal of the European Union
C 110/22
(Case C-709/20)
(2021/C 110/23)
Language of the case: English
Referring court
Appeal Tribunal (Northern Ireland)
Parties to the main proceedings
Applicant: CG
Defendant: Department for Communities in Northern Ireland
Questions referred
1.Is Regulation 9(3)(c)(i) of The Universal Credit Regulations (Northern Ireland) 2016 which was inserted by The Social Security (Income-related Benefits) (Updating and Amendment) (EU Exit) Regulations (Northern Ireland) 2019), which excludes from entitlement to Social Security benefits EU nationals with a domestic right of residence (Limited Leave to Remain) [in this case ‘pre-settled status’ under the Appendix EU of the UK Immigration Rules] unlawfully discriminatory (either directly or Indirectly) pursuant to Article 18 of the Treaty on the Functioning of the European Union and inconsistent with the UK’s obligations under the European Communities Act 1972?
2.If the answer to question 1 is in the affirmative, and Regulation 9(3)(c)(i) of The Universal Credit Regulations (Northern Ireland) 2016 is held to be indirectly discriminatory, is Regulation 9(3)(c)(i) of The Universal Credit Regulations (Northern Ireland) 2016 justified pursuant to Article 18 of the Treaty on the Functioning of the European Union and Inconsistent with the UK's obligations under the European Communities Act 1972?