R2R case law… did I dream it (again)?

I’m thinking of a case where the claimant was seeking to secure their R2R as a family member or dependant where the person upon whom the dependency lay was in receipt of a benefit for which they needed a R2R and it was accepted that JCP had already determined that the recipient had a R2R as they were in receipt of the benefit.

I’ve googled and RNd and can’t turn anything up and wonder whether it might ring any bells.

CF/1863/2007- although it turned out the DWP had never properly assessed the right of residence of the person who she was a family member of as shown by the follow up case involving same claimant- RM v SSWP (IS) [2010] UKUT 238 (AAC) (now Mirga in the Supreme Court).

RM v SSWP (IS): http://www.osscsc.gov.uk/Aspx/view.aspx?id=3011
CF/1863/2007: http://www.osscsc.gov.uk/Aspx/view.aspx?id=2321

Might also get somewhere with the “no systematic checking” points made by the AG in the recent Case C-308/14 Commission v UK- it is one thing to check a claimant’s right of residence and quite another to then go off and start rechecking the right of residence of person who they are family member of and have already decided entitled to the benefit.

Thanks Martin

I’ll have a gander at Commission v Uk next week