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Forum Home  →  Discussion  →  Income support, JSA and tax credits  →  Thread

European teenagers R2R not in education.

nick nicolson
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homeless officer Southampton City Council

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Total Posts: 50

Joined: 16 June 2010

Hi, European teenagers (16-17) are much the same as UK and their parents quite often evict them because of their behaviour and they become homeless.

Example:- Rubin is 17 and is Portuguese. He has attended school in the UK since he was 11 and has a National Insurance number. He is not in college. His parents previously worked but are now on benefits, they have not done sufficient employment to qualify for permanent residence.

He no longer lives with his parents and there is no dependency relationship.

The DWP say he has no Right to Reside.

What rights to benefits do European children have after leaving school ?

past_caring
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Welfare Benefits Casework Supervisor, Brixton Advice Centre

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Total Posts: 87

Joined: 25 June 2010

As Rubin is 17 he remains a family member until he is 21 - whether he is estranged and whether he is in fact dependent simply do not come into it - see regs 7 (1)(b)(i) and 14 (2) of the 2006 Regulations - or Articles 2 (2)(c) and 7 (1)(d) of the Citzenship Directive.

So if parents are still in the UK and have a right of residence, that’s enough.