Scroungers(on the dole)

[ScarFace]

Somali mother can claim thousands in UK benefits because her children attend British schools, EU judges rule

 

By Daily Mail Reporter

 

A Somali mother-of-four is entitled to claim about £2,500 in benefits because two of her children are attending UK schools, EU judges ruled today.

 

Nimco Hassan Ibrahim was denied housing assistance because she and her estranged husband - a Danish national - failed to qualify for residency rights.

 

She appealed the decision by Harrow Council in north-west London, claiming that as her children's 'primary carer' she should be allowed to stay on in Britain and qualify for state handouts.

 

Today the European Court of Justice directed the Britain's Appeal Court to find in her favour.

Enlarge European Court of Justice

 

Ruling: The European Court of Justice has said Nimco Hassan Ibrahim is entitled to benefits in the UK as she is the primary carer of the child of a migrant worker

 

It said that parents of children in school have the right of residence even where they cannot support themselves.

 

The ruling paves the way for Ms Ibrahim to claim thousands of pounds in rent, income support and council tax benefit each month.

 

Cllr Barry Macleod-Cullinane, Harrow Council's portfolio holder for adults and housing, said: 'We are very concerned with this outcome, as it appears to establish a major new legal precedent over benefit claims.

 

'Harrow Council is studying the full implications of the ruling but it could well prove to be a floodgates judgment in that people who have not yet contributed to this country or who do not have the means to sustain themselves can now seek immediate help from state welfare services.

 

'Rather than having a proper open and public debate about what our immigration policy should be, with that policy voted upon by our MPs in Parliament, we are now seeing a European Court determining British immigration policy.

 

'This judgment would seem to make this policy of free movement impossible unless one greets new migrants at Heathrow with sizeable welfare handouts.'

 

Ms Ibrahim arrived in the UK in 2003 to join her husband, named in court as Mr Yusuf.

 

As a Danish national, he counted as a 'migrant worker' from another EU country, with UK residency rights. This also applied to his wife.

 

The couple have four children of Danish nationality, aged from one to nine.

Enlarge ECJ

 

Harrow Council said it would study the ECJ judgment

 

The three eldest arrived in the United Kingdom with their mother and the fourth was born in the United Kingdom.

 

The two eldest have attended State schools since their arrival.

 

After working in the UK for five months, Mr Yusuf claimed incapacity benefit, and left the country after being declared fit for work in March 2004.

 

He then 'ceased to satisfy the conditions for lawful residence' in the UK, said the judgment.

 

Ms Ibrahim remained in the UK, separated from her husband, and, said the court, 'was never self-sufficient, and depends entirely on social assistance'.

 

'She does not have comprehensive sickness insurance cover and relies on the National Health Service,' the judgment added.

 

Her application for housing assistance for herself and her children was rejected by the London Borough of Harrow on the ground that only people with a right of residence under EU law could apply.

 

At that time neither she nor her husband were considered resident in the UK.

 

Today's judgment said: '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.'

 

EU rules say that members of the family of a migrant worker who is a national of one EU country and employed in another have residency rights with that worker, whatever their nationality - a right that continues even if the migrant worker no longer lives or works there.

 

The same judges also backed the case of Portuguese Maria Teixeira, divorced from her Portuguese husband, who was turned down for housing assistance on the grounds that she had no right of UK residence because she was not working and was not therefore self-sufficient.

 

She argued that she had residency rights because her daughter - the child of an EU national who had moved from one EU country to another - was continuing education in the UK.

 

The EU judges said the right of residence of the 'primary carer' parent normally ends when the child reaches 18, 'unless the child continues to need the presence and care of that parent in order to be able to pursue and complete his or her education'.

 

It was up to the national court to assess whether that was actually the case.

[ScarFace]

After working in the UK for five months, Mr Yusuf claimed incapacity benefit, and left the country after being declared fit for work in March 2004.

^

[Archdemos]

yet more bad press

[NinBrown]

Why is this scrounging or bad press....if just now a court case.

[ScarFace]

We need to setup a media watchdog for all qaxooti's.......

 

 

WHY IN THE WORLD WOULD YOU ALLOW TO HAVE YOUR PIC TAKEN...mind you the 36-inch screen looks kinda marvelous.

[Peacenow]

These people are thief's nothing more than that. How can any civilised person go to a country just so they can steal what they can. Do they think no one in the country now doesn't know what they are upto.

 

That is why they have left Holland and Scandinavia and moved to the UK in their thousands because they know what they can get away with.

 

These people are sick beyond belief.

[General Duke]

Must say, she looks good, and the TV is nice, at least she is not asking some "Somali" dude at a European airport for Coffee

[Juxa]

nice tv, but was it really necessary to show it off. i mean next is all those british people unable to buy rooti and the state wont assist them

[Khayr]

not much of a t.v.

That is standard nowadays.

[General Duke]

Originally posted by Juxa:

i mean next is all those british people unable to buy rooti and the state wont assist them

And thats her fault how?

[Juxa]

you do realise some people are not entitled to claim benefits and live below the poverty line dont you?

[General Duke]

^^^Again how is it her fault?

[Juxa]

how do i put it? from british people or even hard working people's prospective, iyadoo shalay soo gashay wadanka she lives better life on tax payer's money without giving any consideration for the money she receives.

 

you got to love the british system.

 

between you and i, of course other things could be assumed in this case, such as disappearance of the husband, the separation etc

 

at least she managed to over rule the court of appeal. might even make the next years text books for welfare and benefit caselaw

[General Duke]

you got to love the british system.

She has used the system. While the indigenous, aboriginal [you got to love the BNP] are unable to manage as well as these Somali women.

Thus its not her fault that some British aboriginals are starving, its the systems fault.