Court dismisses appeal against urgent declaration denial for caregiver living with mother under maintenance of care rule.
Sintesi Legislator
Generato dall'IAThe Court of Administrative Justice confirmed the lower court's rejection of the appellant's appeal against the refusal of an urgent declaration. The appellant, a caregiver living with his mother, argued that the 'maintenance of care' ground should allow him to move independently while continuing to care for her. The court held that the regulation's purpose is to facilitate new care arrangements, not to maintain existing ones where the caregiver and care recipient already reside together. Consequently, the appeal was deemed unfounded, and no hardship clause was applied.
Regesto Legislator
Generato dall'IAArticle 5.6 of Annex 1 to the Rotterdam Housing Intermediation Regulation 2020; The 'maintenance of care' ground applies only to facilitate new cohabitation arrangements, not to continue existing care situations where the caregiver and care recipient already live together.