The CA considered whether and at what stage and to what extent Zambrano carers were entitled to claim social assistance. The Court held that entitlements to assistance arose in principle as soon as an individual becomes the carer of a relevant child; and the status of being a Zambrano carer was not contingent upon the carer in question being destitute or subject to removal; but that the level of support to which they were entitled was limited to providing sufficient support to meet the carer’s basic needs, which needs included the need to be able to care for the EU citizen child, and so not to the same level of social assistance as EU citizens lawfully residing in the EU. The UK's obligation can be met by 'basic support' under section 17 Children Act 1989.
The information and any commentary on the web page 1MCB Legal Updates is provided free of charge for information purposes only and does not amount to legal or other professional advice.
Whilst we try to ensure the information provided in 1MCB Legal Updates is accurate it may have been superseded by other legal developments since the date of publication.
1MCB do not accept any responsibility for any loss which may arise from reliance on information contained in 1MCB Legal Updates.