Mother of EU citizen has right to equal treatment in application for social assistance

Rights of dependent family members of EU citizen – social assistance – European Law - whether the mother of an EU citizen worker is entitled to receive a form of social assistance (disability allowance) where she has not been economically active in this state and has been resident for 5 years – mother claimed that she certain derived rights under the Citizenship Directive by virtue of her relationship with a migrant worker, her daughter – respondents argue that the mother’s right to reside within the State is predicated upon her continuing to be dependent upon her daughter – mother argued that this is an unlawful transposition of the Citizenship Directive - no such condition is set out in, or permitted by, the Directive – legislative context - requirement for self-sufficiency is confined to economically inactive citizens and their family members – “family member” - concept of dependency - distinction is drawn between (i) residence for a period of less than three months (Article 6); (ii) residence for a period of longer than three months (Articles 7, 12 and 13) - right of residence for the initial period of three months is contingent on the EU citizen and their family members not becoming an “unreasonable burden” on the social assistance system of the host Member State - no such blanket requirement in the case of residence which extends beyond three months - must comply with the conditions applicable to their category of residence - Union citizens residing in another Member State are entitled to equal treatment with the nationals of the host State - the right of equal treatment applies not only to EU citizens, but also extends to family members who are third country nationals with the right of residence or permanent residence in the host State - organic link between the conditions prescribed under Article 7, and the right to equal treatment conferred by Article 24 of the Citizenship Directive - Minister is required to have regard not only to the extent and duration of the financial support provided to the alleged dependant prior to their coming to the State – procedural history - whether the definition requires that dependency must be ongoing and continuing - Court of Justice held that the situation of dependency must exist in the country of origin and at the time when the family member applies to join the Union citizen on whom they are dependent - provided that the requisite dependence has been established in the State of origin at the time the derived right of residence is sought, then the residency status is not affected by the grant of social assistance thereafter - principle is founded upon the migrant worker’s right to equal treatment, and does not turn on the quantum of the social assistance being claimed - a permanent resident is not subject to any self-sufficiency requirement – reasoning of the decision and the provisions of regulation 11 upon which she relied, are inconsistent with the requirements of the Citizenship Directive – requirement for self-sufficiency invalid insofar as it purports to extend such a requirement to a dependent family member of a migrant worker who is lawfully resident in the State - not entitled to impose a “self-sufficiency” requirement on the mother nor to deny her equal treatment in the context of an application for social assistance in the form of a disability allowance - not an unreasonable burden for a Member State to allow the dependent family members of a migrant worker a right to equal treatment in respect of social assistance – judicial review granted –