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R (HC) v. Secretary of State for Work and Pensions [2017] UKSC 73

DATE: 15 Nov 2017

This was a test case in concerning whether and in what circumstances a non-EU citizen with a Zambrano right to reside in the UK as the primary carer of a dependant EU national is entitled under EU law to social benefits to which UK citizens and EU citizens with a right to reside in the UK are entitled.

The Supreme Court held that the exclusion, under domestic legislation, of Zambrano ​carers from the same entitlement to benefits as UK citizens and EU citizens with a right to reside was lawful, subject to the proper application by local authorities of their duties under s.17 of the Children Act 1989 to safeguard the welfare of children (including though subsistence support).

Richard Drabble QC appeared for the Claimant, HC (with Ranjiv Khubber), instructed by Platt Halpern Solicitors

Charles Banner appeared for the AIRE Centre, who were granted leave to intervene by way of written and oral submissions, instructed by Herbert Smith Freehills LLP.