Mrs HC relies on benefits to look after her children.
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The woman, named only as “Mrs HC”, had been granted “Zambrano Carer” status, allowing her to claim various benefits from the government.
But in 2012 the UK government introduced legislation to reduce the amount of benefits such citizens can claim, including child benefits and tax credits.
In the appeal, Mrs HC said that the government’s refusal to grant her “mainstream welfare” payments amounted to unlawful discrimination.
In the ruling, Lord Carnwath rejected this, saying it was “common ground that the limited financial support provided to Mrs HC and her children is sufficient for them to remain (in the UK).”
He went on to say that the Algerian national could not rely on EU law to get further financial assistance.
Mrs HC arrived in the UK in 2008 and married a British man a couple of years later. The court heard she relied on him for money.
However, the marriage broke down in 2012 due to alleged domestic violence on the part of her husband.
The Court of Justice of the European Union (CJEU) had already ruled that she had a right to reside in the UK due to her British-born children, despite overstaying her visa previously.
The woman said in her witness statement that she and her children were “expected to make do with far less…only enough to survive.”
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HeadlineSupreme Court denies benefits for Algerian mother
Short HeadlineSupreme Court denies more benefits for Algerian mother
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The woman, named only as “Mrs HC”, had been granted “Zambrano Carer” status, allowing her to claim various benefits from the government.
But in 2012 the UK government introduced legislation to reduce the amount of benefits such citizens can claim, including child benefits and tax credits.
In the appeal, Mrs HC said that the government’s refusal to grant her “mainstream welfare” payments amounted to unlawful discrimination.
In the ruling, Lord Carnwath rejected this, saying it was “common ground that the limited financial support provided to Mrs HC and her children is sufficient for them to remain (in the UK).”
He went on to say that the Algerian national could not rely on EU law to get further financial assistance.
Mrs HC arrived in the UK in 2008 and married a British man a couple of years later. The court heard she relied on him for money.
However, the marriage broke down in 2012 due to alleged domestic violence on the part of her husband.
The Court of Justice of the European Union (CJEU) had already ruled that she had a right to reside in the UK due to her British-born children, despite overstaying her visa previously.
The woman said in her witness statement that she and her children were “expected to make do with far less…only enough to survive.”
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