Guardianship does not create a parental relationship

Friday 1 January 2016

MS v Secretary of State for Work and Pensions (IS) [2016] UKUT 348 (AAC) (Judge Jacobs), 21 July 2016 The claimant instead fell within the scope of Art 3(2)(a) Directive 2004/38/EC as ‘another family member’.

Share This Page

Email This Page

MS v Secretary of State for Work and Pensions (IS) [2016] UKUT 348 (AAC) (Judge Jacobs), 21 July 2016

The claimant was a Polish national. After her mother’s death, her brother was appointed as her legal guardian by a Court Order in Poland. In June 2015, she claimed income support as a lone parent. It was argued that as she was under 21 and her brother was a worker, she therefore had a right to reside as a ‘direct descendant’ under Art 2(2)(c) Directive 2004/38/EC.

The claimant’s appeal was dismissed. The Guardianship Order did not have the effect that the claimant became a direct descendant of her brother. The claimant instead fell within the scope of Art 3(2)(a) Directive 2004/38/EC as ‘another family member’ but this right to reside could not arise until the Secretary of State for the Home Department issued the appropriate documentation.

We are top ranked by independent legal directories and consistently win awards

+ View more awards