HELP! Right to reside-familey member.

Hello People,

can i get some advice from the immese knowledge held by users of this forum? Many Thanks in advance

partner and father of the 3 children came to UK on 7th July 2012. He had a job for a short time from mid August to 5th December 2012.

She came to UK with three children on 15th September 2012. She worked for 2 weeks 11th December 2012 to 23 December 2012.

They lived together but he claimed no bens or CHB or CTC they lived off his wages.

He was arrested on 4th January 2013 and is still in custody, next hearing due 5th April 2013.
No idea on what the offence was.

3 children all born in Poland.  11year old at Primary school since mid November.  4 Year old twins, 3 hours a day at nursery.

Applied and was refused CHB on RTR rules. Anticipate CTC will be the same.

Client has been refused Contribution based JSA. Got the decision yesterday. SW says of course not entitled to cJSA. She contacted JC and they are now processing for iJSA but they have already told her she has failed HRes test. Should get a formal decision in the next couple of days.

Hi

Habitual residence test has 2 components:
1.right to reside (which your cl should have as jobseeker if available and looking for work, or as primary carer of child in education possibly)
see this tread
http://www.rightsnet.org.uk/forums/viewthread/3821
and DWP paper
http://www.dwp.gov.uk/docs/dmgch0703.pdf

2. habitual resident in fact (all links to UK- accommodation, GP, school etc)

Jobcentre should provide your client with 2 additional forms: HRT2 and HRT2 (R)

having IBJSA would passport her to HB/CTB

also should have r2r for CB and CTC as above, I would appeal CB and claim CTC

The new regulation 15A of the I(EEA) regs shoudl assist. It was implemented by the amendent regs…

http://www.legislation.gov.uk/uksi/2012/1547/schedule/1/made