Can anyone help?
Client and wife are dutch. Client has worked in U.K, then claimed JSA, then advised by DWP to claim I.S as carer when son got DLA. Carers Allowance has been awarded. I.S claim being processed. Grant and Carers Allowance may well bring client over applicable amount for I.S any way but would still be interested in whether the following applies-

Wife is full time student and in receipt of a grant and therefore I am presuming has right to reside. Therefore does client have right to reside as dependant of wife without having to be a workseeker?

And can client therefore claim I.S as carer because not dependant on this to determine right to reside because already has it on the back of his wife's status as qualified person.

I have memories of a previous client who was separated from eea spouse who was a qualified person and therefore still had right to reside herself and was able to claim I.S. as lone parent

Reg 7(2) I(EEA) 2006...

(2) A person shall not be treated under paragraph (1)(b) or (c) as the family member of a student
residing in the United Kingdom after the period of three months beginning on the date on which
the student is admitted to the United Kingdom unless—
(a) in the case of paragraph (b), the person is the dependent child of the student or of his
spouse or civil partner; or
(b) the student also falls within one of the other categories of qualified persons mentioned in
regulation 6(1).

So in a nutshell no unless your student can show qualification via another route.

Sorry for the quote I just happened to have the regs up on my pooter.

Your separated claimant's spouse remained a spouse until divorce, their ex-partner must have qualified through another route.

Thanks for that - separate claimant's spouse was a jobseeker I think so yes would not be the same

So claimant can't claim I.S which may not matter because income i.e. carers allowance and wife's grant would be too high anyway but if he has to show right to reside in his own right and is not a student or self suffcient does he need to still need to be a jobseeker to keep his right to reside and if so how can he be that i.e. register as a jobseeker if his income is too high

The couple also receive CTC which i presume would be fine because she at least has right to reside so that won't suddenly stop because client's entitlement to JSA has stop or even if the DWP do report to TCO that JSA entitlement has stopped we can argue that wife has right to reside and only one member of couple needs to have status.

What do you think - seems to be getting more complicated by the minute

He has been badly advised by the Jobcentre to claim I.S which is nothing new so can complain and ask for ex-gratia payment but should he be getting a jsa claim in straightaway.

How long have they been in the UK?

just less than two years

Someone else has now told me that CTC will not be safe becasue wife does not have right to reside as student for tax credit purposes because she is not self suffcient i.e claims CTC.

I've told him to claim JSA for now in case this is the case and can write and ask for backdating because of his being misadvised (though then there is the problem of proving availability for work)

But otherwise since he would get national insurance credits as a carer and income is likely to be higher than applicable amount there is no other reason to claim JSA and lets face it you could do without all that signing on palava if you 're not even going to get any money out of it

CTC is a benefit for the kids and shouldn't be taken into account when looking at mum's self sufficiency, see Mr Rowland's comments in CH 3314/2005 (it might be CJSA as opposed to CH, there are two linked decisions under 3314 and 3315 one JSa and one HB).

I was wondering abour palava myself however protecting a R2R means unemployment must be registered with ESJ, any break in his r2r will make an extended or permanent stay a lot more difficult to sustain once mum's course of study ends, unless one or the other walks straight into a job.

So if cl's wife has right to reside as a student then CTC entitlement claim should remain whether cl is claiming JSA or not although can imajine might have an argument with TCO unit on that point so will keep note of those cases for future reference.

And cl should claim JSA for the purposes of maintaining a consistent history of residency for the reasons you've given or for getting permamant stay etc

And if there is a break in claim from end of last JSA claim - 15/12/08 and new claim he will not lose out financially becuse income would be too high anyway

What about HB and CTB? Doesn't he need to have right to reside for those benefits - claim is in his name but even if in his wife's name both would have to have right to reside to qualify for the entitlement to be based on a couple applicable amount - so this seems the only reason to try and get backdating of JSA apart from the principal of it of course

Thanks for bearing with me on this - nearly wrung as much out of it I can
g
lad for your remarks on self sufficiency and CTC which make more sense to me and also as far as i can see from the directive you only have to declare that you are self sufficient when you start studying and no more checks are made anyway

I would imagine, much as with IS, a student will be excluded from HB for r2r purposes, as would partner unless he's a workseeker. As student's partner I believe he should be able to claim but I stand to be corrected. Sorry but I've not the time to run through reg 10 HB to check whether she's excluded.

Going home now.