Zambrano type case

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    I would like some advice about the situation for Zambrano type cases PRIOR to the reg changes from 08/11/12. 

    Our clmt is a Ghanaian overstayer. She has a child who is a British citizen. We have yet to decide whether we accept she was primary carer, but if she was, recent advice recd from DWP is that she is not ent to HB/CTB because Zambrano related to a claim for a contributory benefit rather than a non-contributory benefit. We cannot see how this advice fits in with the EU Zambrano ruling and reg 10 prior to 08/11/12. As far as I can see if she is the primary carer of a British child, she has a right to reside under the Zambrano ruling and prior to 08/11/12 there is no provision under reg 10 to say that type of RTR excludes her from entitlement to HB/CTB.

    Am I right or am I missing something?

    Also, my understanding is that a regulation change allows for supersession. So if there is an ent under Zambrano prior to 08/11/12 we can make a superseding decision from 08/11/12 under the new regs. Is that correct?

    And has anyone got any advice on how to establish if the person is genuinely the only available primary carer?

    Any help will be much appreciated.


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