Zambrano and the Social Security (Habitual Residence) Amendment Act 2012

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  • #44469
    JFARRUGIA
    Participant

    Hi

    Was wondering if I could get some advice concerning Zambrano in view of the new Social Security Amendment Act 2012 which apparently came into force in November 2012.

    Please has the new amendment to Reg.10(3A) 0f HBR 2006 done anything to make Zambrano clearer?

    Is it anyone else's understanding that social services will pay for the care of the child thereby preventing the mother/father from claiming HB/CTB or any other state benefit?

    Isn't this against the principle set out by Zambrano?

    #125825
    Kay_Tade
    Participant

    The amendment regs from 08/11/12 is causing a bit of an uproar at the moment but as it stands it’s law until a court says otherwise. It is exactly against the principle and laughs in the face of the judgement, have a look at the caselaw I cited on the Zambrano thread below, in my opinion it’s only a matter of time before it will have to be changed.

    Teixeira type cases are still ok but with the new regs any new Zambrano type case, from 08/11/12, will have to appeal cos they will be refused.

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