Sanneh & Ors v The Secretary of State for Work and Pensions [2015] EWCA Civ 49

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.

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