I am working with a Dutch national, originally a Somali national. They were in Holland from 1996 to May 2004.
Some periods of short term work. Single parent with 4 children youngest 6 months old, has been refused IS on grounds of no right to reside. I am aware of the main discussions about the right to reside , I am wondering if there are any grounds for challenge on the basis of discrimination against carers, particularly of children ,as this will have a disproportionate effect upon women. Any Thoughts on this?

David, a colleague has an almost identical case. What happened with your client?

Hi Carol . Another agency is dealing with the right to reside issue for this person, they will advise of progress. I am still interested in any possible challenge on the grounds that women will be disproportionately represented as they "are economically inactive " due to carere responsibilities

Problem I can see with this is that IS is not included under the equal treatment directive so can't use that to argue against discrimination. The HRA has proved to be almost universally useless in social security cases.

The only solution we have come up with is to advise to claim JSA as this comes under equal treatment, workseekers have a right to reside and there is the Collins case.

However, if anyone has got arguments re helping IS cases I would also like to hear about them because people who are incapable of work obviously can't claim JSA.

yep! we've just hit exactly the same situation. we're wondering whether there might be any precedent as to "reside" in EU law.

Brum's seen a lot of Somali Dutch/Swedish national's winning HRT appeals until now, and if anyone's got any ideas as to arguments we might use at tribunal we'd be grateful.

help!