Avon and Bristol Law Centre wins landmark case at Social Security Upper Tribunal

Firuta Vasile, a Romanian Big Issue seller, won the right to claim housing benefit after Judge ruled her work amounted to self-employment

A claim for housing benefit lodged by Firuta Vasile in November 2010 was refused a month later by the City Council on the grounds that selling copies of the Big Issue did not count as having a proper job, or being self-employed.

With legal support and assistance from Avon and Bristol Law Centre, she lodged and won an appeal at a local tribunal but after the council appealed again, found her self before the Upper Tribunal defending her claim to entitlement.

Andy King, a welfare benefits advisor at Avon and Bristol Law Centre representing her case before the Judge, argued that restrictions placed upon EEA nationals- and with particular application to nationals from Romania and Bulgaria - means they are not allowed to work in certain sectors and can only claim benefit if employed. 

EEA nationals that do engage in self employment, are entitled to benefits, hence the crucial distinction in this ruling.

In a statement to the media, Mr King claims that “This is a great victory for people struggling to work to support their families. If people are willing and able to work, we need to encourage them to do so. Anyone who thinks selling the Big Issue on a British street in winter is a soft option should have a go themselves.”

For more information please contact:
Andy King, Avon and Bristol Law Centre, tel.0117 9248662 Email

Notes

  • Avon and Bristol Law Centre is a company registered in England and Wales no. 1982371 and a registered charity no. 1059022. ABLC is a member of the Law Centres Federation
  • The Law Centre provides a free legal advice and advocacy service for unwaged and low paid people and for people experiencing unlawful discrimination in the areas of Community Care, Debt, Employment and Discrimination, Housing, Immigration and Asylum, Mental Health, Welfare Benefits and Public Law