In response to Zambrano (C-34/09) the Government has laid new regulations today, to come into force on
9 8 November 2012.
The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2012 http://www.legislation.gov.uk/
The Social Security (Habitual Residence) (Amendment) Regulations 2012 http://www.legislation.gov.uk/
The effect of these regulations is that, while the right of residence of ‘Zambrano Carers’ (third country nationals caring for an EU national in their own nation) is confirmed, the carer is excluded from housing assistance and welfare benefits.
This would appear to mean that the outcome of Pryce v Southwark LBC in the Court of Appeal (our note here) will be largely meaningless. However, whether these Regulations will face further challenge, perhaps in the European Court, will remain to be seen.