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Top Income Support & Jobseeker's Allowance topic #6525

Subject: "Right to reside" First topic | Last topic
bensup
                              

Benefits Supervisor, Barrow-in-Furness, Cumbria Citizens Advice Bureau
Member since
24th May 2004

Right to reside
Wed 14-Jan-09 01:28 PM

Ok.....in this area we do very few of these - in fact i cannot remember my last one! Not sure where to start and hoping someone can help.

Client is british - he married a Latvian 5 years ago and they have two children together and she has one from another relationship.

In November 2005 they moved to England so the client could find work, his Wife has never worked in this country.

The clients Wife gets child benefit for all three children and she also gets the child tax credit.

Client now unfit for work and getting incapacity benefit.

His Wife claimed income support and has been refused as she "does not meet the qualifying criteria to have the right to reside in the UK."

I've checked her passport and there's no stamps etc in it at all.

I'd be really grateful for some pointers please?

Nicky

  

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Replies to this topic
RE: Right to reside, pclc, 15th Jan 2009, #1
RE: Right to reside, bensup, 20th Jan 2009, #2

pclc
                              

legal advice worker, plumstead law centre
Member since
16th Feb 2006

RE: Right to reside
Thu 15-Jan-09 12:29 PM

Simplest to get client to claim instead of wife - RTR only applies to claimant and not partner. He will have R2R as a UK National. He should be the claimant anyway as he is ill, not his partner.

  

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bensup
                              

Benefits Supervisor, Barrow-in-Furness, Cumbria Citizens Advice Bureau
Member since
24th May 2004

RE: Right to reside
Tue 20-Jan-09 11:26 AM

Thanks

  

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Top Income Support & Jobseeker's Allowance topic #6525First topic | Last topic