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Public Law Project: Destitute migrant families & section 17

Questions and discussions about claiming benefits while living and working in the UK

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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appealalready
Member
Posts: 119
Joined: Tue Jan 07, 2014 2:31 pm

Public Law Project: Destitute migrant families & section 17

Post by appealalready » Wed Sep 24, 2014 2:42 pm

Below are some of the issues we are currently advising on, in the process of litigating or that have recently settled:

Challenging low level of financial support provided to destitute migrant families, and in particular, the payment of flat rates that are significantly below mainstream benefits and even asylum support;
Whether a person with a ‘Zambrano’* right to reside should be charged for their NHS treatment;
PLP has a case challenging the lawfulness of the regulations which prevent “Zambrano”* carers from accessing means tested benefits, and we are looking for other cases.
Challenging the refusal of social services to accommodate destitute families;

If you have a case you would like to refer to us, please contact s.clarke@publiclawproject.org.uk

* “Zambrano" carers are third country nationals who have a right of residence in the UK on the basis that they are a parent caring for a child who is a UK national. That would arise where the child’s other parent is either a UK national themselves, or who has settled status in the UK. This follows a decision of the European Court of Justice in Zambrano C-34/09. In some cases the parent will have their right of residence recognised by the Home Office, in others, there may be no formal recognition of their status. A series of regulations has been made, excluding claimants whose only right of residence arises under Zambrano C-34/09, from claiming means tested benefits for themselves and from claiming child benefit and child tax credit for their children, and from accessing housing assistance. We believe these regulations may be unlawful in some cases. We would be interested in cases where the claimant has either been refused benefits, or needs to claim but is prevented by the rules. These cases are likely to arise where the parent with care has separated from the UK national parent, and needs to access the benefit system in the UK. The cases in which the rules are most likely to be unlawful are those where the claimant is unable to work because of illness or disability and wishes to claim ESA, CB and CTC or those where the child being cared for is aged under 3 and the claim is for income support, CB and CTC .

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Public Law Project: Destitute migrant families & section

Post by Wanderer » Wed Sep 24, 2014 10:24 pm

Maybe you could find a soapbox to stand on?
An chéad stad eile Stáisiún Uí Chonghaile....

appealalready
Member
Posts: 119
Joined: Tue Jan 07, 2014 2:31 pm

Re: Public Law Project: Destitute migrant families & section

Post by appealalready » Thu Sep 25, 2014 9:03 am

@wanderer Do you know what a soapbox is? It is a platform for people to share information.

Funnily enough, http://www.immigrationboards.com was set up to support and share information.

"Claiming Benefits" was set up to support and share information for people who need to claim benefits - not so much for people who just want to post meaningless criticisms.

My posts are current and relevant. Perhaps you are having difficulty comprehending their meaning.

I see that you have posted almost 7000 entries on this website. One could argue that you see this site as your own personal soapbox. By contrast, I have posted fewer than 70 entries...

How many people have you actually helped with your posts I wonder?

Why not allow people who face destitution, homelessness, and poverty to educate themselves or have their say?

Let me guess, perhaps because you make a living off people coming to you for help???

Many people are on "no recourse to public funds." I came across the Public Law Project because they focus on migrants who do not have recourse to public funds. Moreover, they seem to accept cases from families in situations similar to the people on this site who ask for help. For the record, I have no formal connection with them, whatsoever.

If families who need to claim benefits (and cannot) can be connected to legal advocacy groups such as the Public Law Project, things may actually change for the better.

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