Leaving the European Union, past presence and Kavanagh

The case of Kavanagh established that claimants who had recently arrived in the UK from EU countries did not need to satisfy the past presence test for DLA if they could demonstrate a genuine and sufficient link to the UK.

As this was based on a mixture of domestic and EU law, do the same principles maintain now that the UK has left the EU? Now that we are no longer signed up to the Treaty of Europe, can people rely in residence in other member states for this kind of thing?

I’m really struggling to get my head around how things stand on these type of issues post-Brexit – am I worrying for no reason here? Any help gratefully received as always.

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