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Tue 11-May-10 04:43 PM by ros.white
CPAG has contacted us to say that it would like to hear about cases where decision making has been delayed in 'Baumbast' rights cases -
'HB direct for May 2010 says that local authorities should delay making decisions in cases where a right of residence depends on 'Baumbast' rights until the DWP has considered the full implications of the ECJ's decisions in Ibrahim C-310/08 and Teixeira C-480/08, see rightsnet news story on 30/4/10. CPAG believes this amounts to unlawful guidance to local authorities and has written a letter before claim for judicial review to the solicitors for the Department for Work and Pensions.
CPAG is interested in hearing about cases where decisions are being delayed as a result of this, either on housing benefit claims, or on claims for income support. Cases affected by "Baumbast" rights and the decisions in Ibrahim and Teixeira are those where the claimant is an EU national, including an A8 national, who is the primary carer of a child or children who are in education in the UK and where either the claimant, or the child's other parent who is an EU national, has worked in the UK. If advisers have cases of this kind, they can contact gtegg@cpag.org.uk or sclarke@cpag.org.uk '
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