The Weekly Law Reports
[2017] 3 WLR 1486
Supreme Court
Regina (HC) v Secretary of State for Work and Pensions (AIRE Centre intervening)
[on appeal from Sanneh v Secretary of State for Work and Pensions (AIRE Centre intervening)]
[2017] UKSC 73
2017 June 21,
22;
Nov 15
Nov 15
Baroness Hale of Richmond PSC, Lord Wilson, Lord Sumption, Lord Carnwath JJSC, Lord Clarke of Stone-cum-Ebony
European Union— Citizenship— Right to reside— Third-country national with right of residence in United Kingdom as primary carer of British citizen children— Carer applying for non-contributory welfare benefits— When derivative right of residence arising— Whether status conferring right to social benefits— Children Act 1989 (c 41), s 17(1)— Human Rights Act 1998 (c 42), Sch 1, Pt I, art 14— Income Support (General) Regulations 1987 (SI 1987/1967), reg 21AA (as inserted by Social Security (Persons from Abroad) Amendment Regulations 2006 (SI 2006/1026), reg 6(3) and amended by Social Security (Habitual Residence) (Amendment) Regulations 2012 (SI 2012/2587), reg 2)— Child Benefit (General) Regulations 2006 (SI 2006/223), reg 23(4) (as amended by Child Benefit and Child Tax Credit (Miscellaneous Amendments) Regulations 2012 (SI 2012/2612), reg 3)— Immigration (European Economic Area) Regulations 2006 (SI 2006/1003), reg 15A (as inserted by Immigration (European Economic Area) (Amendment) Regulations 2012 (SI 2012/1547), reg 3, Sch 1, para 9 and amended by Immigration (European Economic Area) (Amendment) (No 2) Regulations 2012 (SI 2012/2560), reg 2, Sch, para 3)— Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 (SI 2006/1294), reg 4(1)(b)(iii)(iv) (as inserted by Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2012 (SI 2012/2588), reg 2(2))— FEU Treaty, arts 20FEU, 21FEU