Unpublished Paper
The right to reside and entitlement to social welfare in the case of refugees and Zambrano carers
(2017)
Abstract
This article examines the right of refugees and persons with Zambrano status to social welfare payments subject to the habitual residence condition (HRC) under Irish law. It examines the legal principles involved under the Geneva Convention (arts 23 and 24) and under EU law as they apply in Irish law. It make reference to a number of recent decisions by the Irish courts on this issue; and also to the (rather more coherent) analysis of related issues in a number of recent UK rulings. The note considers a number of topics: (i) whether refugees are entitled to backdated social welfare benefits prior to the declaration of refugee status; (ii) whether Zambrano carers are entitled to social welfare benefits; and (iii) whether the habitual residence condition is discriminatory.
This note is updated to refer to recent decisions, in particular the UK Supreme Court ruling in R(HC) v Secretary of State for Work and Pensions [2017] UKSC 73
Disciplines
Publication Date
2017
Citation Information
Mel Cousins. "The right to reside and entitlement to social welfare in the case of refugees and Zambrano carers" (2017) Available at: http://works.bepress.com/mel_cousins/106/