HC, R (On the Application Of) v Secretary of State for Work and Pensions & Ors

HC, R (On the Application Of) v Secretary of State for Work and Pensions & Ors

The Amending Regulations do not unlawfully discriminate against the Claimant or her children, nor breach EU law, ECHR, or the Public Sector Equality Duty. Any discrimination is justified and proportionate. Zambrano rights do not confer entitlement to mainstream social benefits unless denial would compel departure from EU territory.

Parties
Claimant: The Queen (on the application of HC); First Defendant: Secretary of State for Work and Pensions; Second Defendant: Secretary of State for Communities and Local Government; Third Defendant: HM Revenue & Customs; Fourth Defendant / Interested Party: Oldham Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
06 December 2013
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Discrimination, Social Security, Child Welfare, Public Sector Equality Duty, EU Citizenship, Right to Reside, Welfare Benefits
Administrative Law European Union Law Human Rights Law Equality Law Discrimination Social Security Child Welfare Public Sector Equality Duty +3 more

Case Brief

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Parties

The Queen (on the application of HC)

Claimant

Secretary of State for Work and Pensions

First Defendant

Secretary of State for Communities and Local Government

Second Defendant

HM Revenue & Customs

Third Defendant

Oldham Metropolitan Borough Council

Fourth Defendant / Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Amending Regulations unlawfully discriminate against Zambrano carers and their EU national children
  2. 2 Whether the Amending Regulations breach Articles 24 and 34 of the Charter of Fundamental Rights of the European Union
  3. 3 Whether the Amending Regulations breach the Public Sector Equality Duty under section 149 of the Equality Act 2010

Ratio Decidendi

The Amending Regulations do not unlawfully discriminate against the Claimant or her children, nor breach EU law, ECHR, or the Public Sector Equality Duty. Any discrimination is justified and proportionate. Zambrano rights do not confer entitlement to mainstream social benefits unless denial would compel departure from EU territory.

Court Disposition

Claim dismissed