Zambrano / EEA & means tested benefit

Hi all,

I have a Nigerian client who is married to a Norwegian national and has currently got a right to reside through her Husband as he is working. They have 2 young children together who were born in the UK but they are not in eduction. They have now split up.
Client has approached us for help regarding benefits and housing assistance. Client is currently receiving statutory maternity pay.
I have been reading the thread on Zambrano and have concluded that client wouldn’t be able to claim means tested benefits but I wonder if anyone knows another way for client to gain a R2R due to her Husband being an EEA national and in work?

Thank you,
Lauren

If she has a right to reside as the spouse of her husband who is a worker or who has retained worker status then she retains that right until divorce (decree absolute).

Thank you Nevip!
Could you she claim IS on that basis, now she is a lone parent?

(edited to add to the post)

Does she have an access to public funds restriction?

No I don’t think so, her residence document says ‘family member of an EEA National’ remarks - employment and business activities allowed

Just to confirm Nevip’s post, you don’t need to worry about Zambrano as your client is still a family member of her husband until divorce, so she can derive a right to reside through him for income support, housing benefit, CTC plus CB. He needs to be a worker at her date of claim for any of these benefits. It does not matter that she is Nigerian as they are married. I presume she is not currently entitled to IS due to the level of her SMP, but when this expires she could claim IS. Is she intending to return to work? You may want to check her contract of employment - I am not an employment lawyer but I understand some contracts make SMP repayable if you do not return at the end of your SMP period or extended unpaid period? What is her housing situation right now?

Hi,
Thanks for your reply. She is currently in privately rented but is facing eviction due to rent arrears. The LA have told her that she won’t be eligible for homelessness assistance and we have told her to make claim for HB & CTB and to come back if she needs help appealing if she’s refused.