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Guidance on KH v Bury and SSWP

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Dear Department for Work and Pensions,

Dear Department for Work and Pensions,

On 14/02/2020, the Upper Tribunal decided that an EU worker who had worked for less than 1 year could retain their status as a worker whilst unemployed for more than 6 months and that the UK regulations to the contrary were unlawful.

The judgment is KH v Bury Metropolitan Borough Council and Secretary of State for Work and Pensions (HB): [2020] UKUT 50 (AAC) and is available here: hhttps://www.gov.uk/administrative-appeal...

Please release any guidance or instructions issued to those administering or deciding claims for benefits to which the right to reside test applies grants on applying the judgment.

Yours faithfully,

Martin Williams

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