Right to Reside and IS

This is not my subject at all, I need help!

Scenario: Client is on ESA and has no resources to support a 16 year old German lad who has come to stop with him whilst attending college doing A Levels. His father is a missing person, his mother is unwell and living in a one-bed flat somewhere in Germany; there appears to have been friction between them before the young man came to the UK, not surprising in a 1-bed place.

The youngster has an NI number and an NHS number and his college fees are covered – he also has a small bursary that pays for (most of) his meals and transport costs. But he has no other support and the client cannot support him.

As far as I can see if this youngster were British, he could claim IS (estranged, no-one acting as parent) and HB (subject to satisfying contrived tenancy and commerciality rules)

However, as far as I can see he will hit the barrier of Right to Reside as a student – he has not been asked for any declaration that he will not be a burden on the state but from what I’ve read he will fail RTR on this basis.

Furthermore I think he will be subject to the Habitual Residence Test.

Any help?

Can’t your client simply be the person acting in place of the parent of the German teenager?

He could then claim CB and CTC in respect of the kid. The residence tests do not apply to the kid but the claimant in this case.

Client indicated that he was not acting as such, but the point is taken.

This young person is still a child.

If there is no adult to look after him, and your client is saying he is unable to look after this young man (he is anyway not a parent or guardian) it is a Social Services Childrens Act referral.

As far as I can see, the young person could claim JSA- see page 635 of CPAG handbook. That would give the necessary right to reside.

M