Admin Court to consider right of Zambrano carers to housing benefit

The High Court will next month consider whether Zambrano carers have a right to housing benefit.

A case involving Milton Keynes Council will test whether new regulations introduced by the Government remove any such directly enforceable right.

The claimant, H, was offered Part 7 Housing Act accommodation after the landmark Court of Appeal case of Pryce v London Borough of Southwark and Secretary of State for the Home Department (Intervener).

But Milton Keynes would not offer her housing benefit, in reliance on the Habitual Residence Regulations 2012.

Counsel for H, Bryan McGuire QC and Shomik Datta of Cornerstone Barristers (instructed by Bhatia Best), will argue on H’s behalf that:

• the Regulations were unlawful as they violated direct treaty rights;
• Milton Keynes’ reliance on the Regulations to defeat or interfere with direct treaty rights was irrational or unlawful;
• the council had failed to provide suitable accommodation under Part VII as the same was unaffordable; and
• the failure to provide for discharge of H's rent from other sources, whether under the Children Act 1989 or Localism Act 2011 or otherwise, was irrational or unlawful.

The case of Sanneh v SSWP, which covers similar arguments in relation to income support, will also form part of a rolled up hearing in March.

The Pryce case confirmed the applicability of EU Zambrano rights in a social welfare context.

See also: Zambrano carers – so near and yet so far A review of recent developments by Donald Broatch.