Landmark Chambers


Supreme Court hears appeal in HC v SSWP regarding Zambrano carers' entitlement to social benefits

DATE: 21 Jun 2017

The Supreme Court today commences the 1.5 day hearing of HC v. SSWP, on appeal from Sanneh & others v. SSWP ​[2015] EWCA Civ 49, concerning whether the UK legislation disentitling so-called Zambrano carers from various social benefits. Zambrano carers are non EU citizens who have an EU law right to reside and work in the UK as a consequence of having a UK citizen child who is dependent upon them and who would have to leave the EU with them, thus losing the substantive rights of EU citizenship, if they were not able to reside in the UK. 

The issues in the appeal include the extent of the EU citizenship rights under Articles 20-21 TFEU, whether the UK legislation is subject to the Charter of Fundamental Rights (and if so, whether it amounts to unlawful discrimination contrary to Article 21 CFR taking account of the best interests of the child pursuant to Article 24 CFR), and whether the approach that the Supreme Court should take to considering whether to make a reference to the CJEU under Article 267 TFEU is affected by the UK Government having served notice under Article 50 TFEU of its intention to withdraw the UK from the EU. 

Richard Drabble QC appears for the Appellant, HC, leading Ranjiv Khubber (instructed by Platt Halpern Solicitors). 

Charles Banner​ appears as sole counsel for the Intervener, the AIRE Centre (instructed by Herbert Smith LLP).