Cases we handle

European Union law – decisions of appeal tribunals

European law is the law that applies to the United Kingdom and all the other 28 member States of the European Union. It includes:

European Treaties
Regulations made under powers in those Treaties (these have the force of law in all member States, including the United Kingdom)
Directives made under powers in those Treaties (these may require Member States to change their laws)
Decisions of the European Court of Justice in Luxembourg.

European Union law includes a number of provisions dealing with social security entitlements. For example, EU law provides that you are entitled to receive your British state retirement pension if you live anywhere in the European Union. And if you have a pension from another EU state, you are entitled to receive it if you live in the United Kingdom.

The Social Entitlement Chamber of the First-tier Tribunal and the Administrative Appeals Chamber of the Upper Tribunal are required to give effect to any relevant provision of European Union law in considering the validity of a decision about social security law within the scope of European Union law. This includes any decision of the European Court of Justice, Some, but not all, social security benefits are within the scope of European Union law.

Sometimes a party raises a question of the interpretation of a provision of European Union law in a case before the Upper Tribunal. Or the Upper Tribunal may consider such a question to be relevant to an appeal. If the Upper Tribunal considers that a ruling on the question is necessary to enable it to give judgment, it may request a ruling from the European Court of Justice.

Claimants and other parties to appeals do not have direct access to the European Court of Justice.

Relevant legislation

The European Communities Act 1972, sections 2 and 3

European Treaties, legislation and case law

Note:
From 3 November 2008 the new Upper Tribunal has taken over the work of the Social Security, Child Support and Pensions Appeal Commissioners. The Commissioners formerly handled appeals from tribunals that are now covered by the Social Entitlement Chamber, and the War Pensions and Armed Forces Compensation Chamber of the First-tier Tribunal. The Upper Tribunal also deals with appeals from the Health, Education and Social Care Chamber of the First-tier Tribunal.

Page last updated 03 November 2008