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right to reside
Help needed, I have a client who is an EU citizen with partner and children of school age, they came to UK father , mother and children in October 2013 and claimed income based ESA, refused as client has not worked in UK and is not intending to work in UK, but CB CTC and HB have all been paid, why would HMRC and Local Authority pay if DWP has said they have no right to reside in UK ??? client has no relatives in UK. I am perplexed :{
Help needed, I have a client who is an EU citizen with partner and children of school age, they came to UK father , mother and children in October 2013 and claimed income based ESA, refused as client has not worked in UK and is not intending to work in UK, but CB CTC and HB have all been paid, why would HMRC and Local Authority pay if DWP has said they have no right to reside in UK ??? client has no relatives in UK. I am perplexed :{
So am I, why would HMRC and LA pay? Based on your facts they don’t have a right to reside, unless HMRC and LA know something you don’t?
They will auto gain r2r from the fact that the children are in school. They have no right to reside in their own right, this is derived from the children. As long as the children are dependant upon the parents, then they will be entitled to a r2r.
Under grounds of hardship where children are concerned HMRC and LA will pay benefits.
I tend to use this route to gain benefits when children are involved.
Confusing I know!
see page 1607 in cpag guide , parent must be a worker
From the Brey Judgement
Furthermore, the ECJ held that nothing in Regulation 883/2004, or in the Directive, prevented a member state from making entitlement to an SNCB conditional upon the claimant having a legal right to reside (see paragraphs [39], [42] and [44]).
44 The Court has consistently held that there is nothing to prevent, in principle, the granting of social security benefits to Union citizens who are not economically active being made conditional upon those citizens meeting the necessary requirements for obtaining a legal right of residence in the host Member State (see, to that effect, Case C?85/96 Martínez Sala [1998] ECR I?2691, paragraphs 61 to 63; Case C?184/99 Grzelczyk [2001] ECR I?6193, paragraphs 32 and 33; Case C?456/02 Trojani [2004] ECR I?7573, paragraphs 42 and 43; Case C?209/03 Bidar [2005] ECR I?2119, paragraph 37; and Case C?158/07 Förster [2008] ECR I?8507, paragraph 39).
Doesn’t this get round R2R plus the new HB Statutory Instrument or do I have the wrong end of the stick?
[ Edited: 13 Mar 2014 at 04:50 pm by Bryan R ]any insight on last post most welcome,
Yes see http://cpag.org.uk/content/right-reside-breytastic, this explains the position much better