Hi there,
I’m not sure about a payment on account, but I’m guessing the CAB are arguing that as EU law is directly applicable in the UK, and that one of the principles of EU law is discrimination then you should be applying the principles of the St Prix case directly before the ECJ ruling is made on the referal late last year from the Supreme Court.
It’s a difficult area, the arguement in favour is that a EEA national male who comes to the UK to work can have a baby and stay in work, as his non-EEA national wife will retain worker status even if she gives up work to look after the baby, so long as the EEA husband is working; whereas an EEA national female who comes to the UK and has a baby with her non-EEA national husband will be in a precarious position if she loses worker status if she wants to stay at home and look after her baby – this appears to be unequal treatment between men and women.
I suspect that the best thing to do here is to stay the decision pending the CJE decision and/or refer the client to social services for an assessment under the Children Act 1989 – it is at least concievable that as a child in need, her child may be entitled to financial support to help keep a roof over his/her head – but getting money from social services is easier said than done!
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