Before I get to my question I have to confess something.
Before when I browsed this site, I never thought I'd be seeking help with a question about access to benefit. I wrongly thought that I could do it all by myself with no need for help. Back then, I didn't have a child, I wasn't aware of the cost of child care and even though you have the right to work, employers do not like to take the risk so you settle for a 'lesser' job that does not pay enough to cover your cost, nor can you do multiple jobs when you have children.
On to my question.
I'm currently awaiting my appeal hearing for my derivative application. My child is British and I still have a valid COA. I used my COA to make an application for Child Benefits and Child Tax Credit. I was honest about my status. I was granted Child Tax Credit but Child Benefit refused. I've been issued a Mandatory Reconsideration Notice and the reason for refusal is:
I'm not ordinarily resident in the UK and/or does not have a right to reside in the UK
They completely ignored the judgment of Sanneh & Ors v Secretary of State for Work and Pensions [2015] EWCA Civ 49 includes the appeals of Sanneh v SSWP and HC v SSWP; where the Court of Appeal has provided clarification that the right to reside under Zambrano is acquired as soon as the criteria are fulfilled (i.e. when the person becomes the primary carer of an EU citizen child), local authorities must recognise that such a person is lawfully present in the UK and is therefore not subject to the exclusions to Social Services support set out under Schedule 3 Nationality Immigration and Asylum Act 2002. There is no requirement for the Zambrano carer to have obtained documentation from the Home Office to confirm this status.
I've been given the right of appeal. I spoke to someone in the office, who seemed impatient with me, as they explained he ruling was for Local Authority and not Child Benefit, they are a separate department.
Finally the question:
1) Do I have a right to Child Benefits as a Zambrano Carer
2) Where can I seek legal advice (or anyone here who could provide advice) as to whether the above mentioned case law is not applicable to Child Benefits Office.
I'm seriously confused and I don't know what my rights are, and I'm desperate for help.
Thanks in advance.
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