Case details

R (on the application of HC) (Appellant) v Secretary of State for Work and Pensions and others (Respondents)

Reporting restrictions

The Court has made a Reporting Restrictions Order in this case to protect the identity of those involved. These restrictions apply to members of the public using Twitter or other social media channels in the same way as they do to professional journalists.

Case ID: UKSC 2015/0215

Case summary

Issue
  1. Whether the blanket denial of social welfare assistance to Zambrano carers is unlawful because it is discriminatory under EU law, the ECHR, or domestic anti-discrimination legislation;
  2. Whether the resolution of these points of law requires a reference to the Court of Justice of the European Union.
Facts

HC is an Algerian national who entered the UK lawfully, married a British citizen and had two children who are British nationals. By the time the marriage ended, HC had overstayed her visa. She approached Oldham Council for assistance, which was eventually granted under s.17 of the Children Act 1989 in the form of a hotel room for her and her two children, and £45 per week. That was amended by order of a judge to a two-bedroom accommodation and £80.50 per week. HC applied for and was eventually granted residency as a Zambrano carer (i.e. the third-country national carer of an EU citizen (her children), whose presence is required for the EU citizen to enjoy the rights of citizenship). HC brought an application for judicial review against the Amendment Regulations that disqualified Zambrano carers from receiving income-related social assistance.

Judgment appealed

[2015] EWCA Civ 49

Parties

Appellant

HC

Respondents
  1. Secretary of State for Work and Pensions
  2. Secretary of State for Communities and Local Government
  3. Her Majesty's Revenue and Customs
Intervener

The AIRE Centre

Oral hearing for permission to appeal

Justices

Lady Hale, Lord Reed, Lord Toulson

Hearing start date

07 Mar 2016

Hearing finish date

07 Mar 2016

Watch permission to appeal hearing
07 Mar 2016 Morning session