Bartamaha (London):- A Somali woman with children in London schools has won a test case to claim benefits even if she is “a burden on the social assistance system”.
Nimco Hassan Ibrahim took her case to the European Court of Justice when she was turned down for housing benefit by Harrow Council in north-west London.
The judges ruled that a parent with children “in education in the host member state has a right of residence”.
The judges added that Mrs Ibrahim’s right is “not conditional”.
The judges ruled: “A parent caring for the child of a migrant worker who is in education in the host Member State has a right of residence in that State.
“That right is not conditional on the parent having sufficient resources not to become a burden on the social assistance system.”
‘Never self-sufficient’
Mrs Ibrahim married her husband, who is a Danish citizen, in Ethiopia and moved to London to join her husband – named in court as Mr Yusuf – in 2003.
He worked for five months before claiming incapacity benefits but when the benefits were stopped in 2004 he moved to Denmark.
His wife and four children, all Danish nationals, remained in Harrow in temporary accommodation and two of her children attend state schools in the borough.
Mrs Ibrahim, who is separated from her husband, “was never self-sufficient, and depends entirely on social assistance,” the court heard.
“She does not have comprehensive sickness insurance cover and relies on the National Health Service,” the judgment added.
‘Floodgates issue’
Her initial plea for housing assistance was rejected on the ground that only people with a right of residence under European Union (EU) law could apply, and neither she not Mr Yusuf were at the time considered a resident in the UK under EU law.
But the Luxembourg court said parents caring for the children of migrant workers, and resident in EU countries are covered under EU rules on freedom of movement, including those who cannot support themselves.
Harrow Council said it will study the implications of the ruling.
Councillor Barry Macleod-Cullinane said: “We have a floodgates issue.
“It has set a legal precedent that people who have not contributed to the country’s benefit systems can now actually qualify to get benefits when their children are in schools, so it opens the doors for more migrants to come in to the country.”
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Source: BBC
