Sanneh v Secretary of State for Work and Pensions (AIRE Centre intervening)

Subject Matter

EUROPEAN UNION — Citizenship — Right to reside — Principle protecting European Union citizens from being effectively forced to leave territory of European Union — Whether conferring right to social welfare benefits — Whether domestic legislation precluding access to benefits unlawful — Social Security (Habitual Residence) (Amendment) Regulations 2012 (SI 2012/2587) — Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2012 (SI 2012/2588) — Child Benefit and Child Tax Credit (Miscellaneous Amendments) Regulations 2012 (SI 2012/2612)

[2013] UKUT 490 (AAC), UT

EUROPEAN UNION — Citizenship — Right to reside — Third-country nationals with derivative right of residence in United Kingdom as primary carers of British citizen children — Carers applying for non-contributory welfare benefits — When derivative right of residence arising — Whether status conferring right to social benefits — Income Support (General) Regulations 1987, reg 21AA (as inserted by Social Security (Persons from Abroad) Amendment Regulations 2006, reg 6(3) and amended by Social Security (Habitual Residence) (Amendment) Regulations 2012, reg 2) — Child Benefit (General) Regulations 2006, reg 23(4) (as substituted by Child Benefit and Child Tax Credit (Miscellaneous Amendments) Regulations 2012, reg 3) — Immigration (European Economic Area) Regulations 2006, reg 15A (as inserted by Immigration (European Economic Area) (Amendment) Regulations, reg 3, Sch 1, para 9 and amended by Immigration (European Economic Area) (Amendment) (No 2) Regulations 2012, reg 2, Sch, para 3) — Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006, reg 4(1)(b)(iii)(iv) (as inserted by Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2012, reg 2(2)) — FEU Treaty, arts 20FEU, 21FEU

[2015] EWCA Civ 49; [2016] QB 455; [2015] 3 WLR 1867; [2015] WLR (D) 61, CA

Appellate History