Right to Reside for Children and their Primary Carers
South (London) Friday 17 March 2017
North (Manchester) Thursday 30 March 2017
Time: 12:15 – 16:45
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.
It will provide 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.
Full training materials and lunch are provided.
- 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.
Charlotte O’Brien, EU law specialist and academic at York University
Charlotte O’Brien is a Senior Lecturer at York University specialising in EU immigration law. Prior to her current role at York Law School, Charlotte trained as a volunteer Citizens Advice Bureau adviser, and has since continued case work and supervision.
Tom Royston, Barrister with Garden Court Chambers
As a barrister with Garden Court Chambers, Tom appears regularly in the High Court and Upper Tribunal (Administrative Appeals Chamber). Before coming to the Bar, Tom worked in a Citizens Advice Bureaux and Law Centre, where he specialised in employment, discrimination and social security law.
As an activist, Tom was the Sheila McKechnie Foundation UK Consumer Campaigner of the Year 2009, in recognition of the campaign he led about the cost of contacting government to claim benefits. The campaign led to a policy change affecting 35 million phone calls per year and also won his bureau the national award of Campaigning CAB of the Year.
Tom also established the Yorkshire Tribunal Advocacy Project, which provides pro bono representation in social security tribunals, and he has worked with CPAG on the Rutherford bedroom tax and Winder Council Tax Reduction cases amongst others also works on public law, discrimination and housing.
Martin Williams, Welfare Rights Worker, CPAG
Martin Williams is a welfare rights worker at Child Poverty Action Group. He is widely experienced in representing claimants at both levels within the tribunal system, having worked in the appeals team at Lasa from 2001 until 2008.
Martin has also worked as a local authority welfare rights officer and in an independent advice centre. He is currently an author of CPAG’s Welfare Benefits and Tax Credits Handbook and Housing Benefit and Council Tax Reduction Legislation handbook.
Manchester - Garden Court North Chambers, 3rd Floor, Blackfriars House, Parsonage, Manchester, M3 2JA
London - Resource for London, 356 Holloway Road, London, N7 6PA
Booking a place
Places are £105 for delegates from voluntary organisations and £145 for statutory organisations and lawyers.
To book a place, please complete our online booking form.