Right to Reside for Children and their Primary Carers


Thank you to all those who attended our seminars on 17th of March and 30th of March, 2017. The seminar examined the entitlement to means tested benefits depends upon the claimant(s) having a “right to reside”. This test primarily effects non British EU nationals. Since its introduction in 2004, there have been hundreds of legal decisions on the correct application of the test. 

For families, the consequences of failing the right to reside test are often destitution. This seminar will focus in particular on the ways in which a person may have a right to reside, sufficient to claim benefits because of a right of residence which a child they care for has. 

This half-day seminar explored the detailed consideration of the current state of the law and future challenges about the rights of residence of:

  • Children (and their primary carers), of former workers, who are receiving education (Baumbast or Teixeira “derived rights”).
  • Children (and their primary carers), of the formerly self-employed in a similar position to Teixeira children: update on CPAG’s testcase on this issue.
  • Children (and primary carer) who are not yet in education but who have a non resident parent who is currently a worker or self employed.
  • Zambrano carers (third country national carers of British children who could not remain in EU unless their carer had a right of residence)- since the regulations now exclude such carers from benefit entitlement, we will consider the legal duties which Local Authorities owe to such children and their primary carers (section 17 Children Act 1989 etc.).

Similar to other areas of EU residence law, some of these areas are legally contentious and subject to ongoing litigation. Therefore we will also discuss the EU law concerning obtaining interim payments. 

All attendees received a FREE Right to Reside flowchart 2016/17.

Who attended:
  • Experienced welfare rights workers who work with EU national families.
  • Social Services Departments - particularly “No recourse to public funds” specialists.
  • Local Authority HB decision makers who deal with EU national cases.