eia-zambrano-right-to-reside-and-work

eia-zambrano-right-to-reside-and-work - Access to benefits...

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Access to benefits for those who will have a “Zambrano” Right to Reside and Work Equality Analysis for The Social Security (Habitual Residence)(Amendment) Regulations 2012 October 2012
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The Social Security (Habitual Residence)(Amendment) Regulations 2012 Brief Outline The Court of Justice of the European Union (CJEU) ruling on the case of Zambrano (C-34/09) provided that a non-European Economic Area (EEA) national who had been living and working in Belgium without a work permit, had a right to reside and to work so that his Belgian national children were not forced to leave the European Union (EU) and prevented from exercising their rights as EU citizens. The Home Office are amending their regulations as a result. The Home Office regulations will provide a right to reside and a right to work to a non-EEA national who is a primary carer of a dependent British citizen only if the British citizen would otherwise be forced to leave the EEA and be deprived of exercising their rights as an EU citizen. People who will have a Zambrano right will be entitled to claim contributory benefits such as contribution-based Jobseeker’s Allowance, provided they meet the entitlement conditions for the benefit. Under current legislation, most non-EEA nationals who have a right to reside and to work in the UK do not have an entitlement to claim income related benefits because their immigration status states that they have no recourse to public funds. To maintain this position, DWP will amend regulations so that an individual with a Zambrano right to reside will not have a right to claim income-related benefits. The regulations for the following benefits will be amended: Income Support, income based Jobseeker’s Allowance, income related Employment and Support Allowance, State Pension Credit, Housing Benefit and Council Tax Benefit. Evidence and analysis UKBA management information provides some data on the characteristics of applicants for a right to reside under the Zambrano ruling. Currently 692 people (in 619 separate families) have applied for a Zambrano right to reside, and contain a non-EEA national primary carer of a British child and appear to meet the criteria which would give them this right. The small number of cases means that only a limited analysis is possible of the characteristics of people who would have a Zambrano right to reside. As the number of cases increase, further analysis of characteristics may be possible.
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To assess the impact of the regulation amendments, UKBA data on characteristics of people who would have a Zambrano right is compared to Labour Force Survey data (LFS) on the characteristics of working age parents in the UK. This is the nearest most appropriate comparator as the successful applications to date have been made by non-EEA national primary carers of a British child. The LFS is only able to provide data on the basis of being a British national, an EU national (excluding British) or a non EU national. It does not provide the EEA data.
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