Income Support refused for 16 yo EEA national, estranged and at school

I have a client who is from Lithuania.  He is at school studying for GCSEs. His mother died 3 years ago and his father was never involved in his upbringing. He has siblings in care in Lithuania. He had been in the care of an aunt there.

He came to the UK in 2012 at 14 years old to join his brothers, both of whom are currently in work.  He as become estranged from both those brothers’ homes in turn and now lives in a hostel since February this year.  He has applied for Income Support and been denied on grounds that he is without the R2R as he is not living with his brother and therefore cannot claim a derivative right.

How do I argue his R2R for Income Support?, he is still at school and cannot claim JSA

I have looked into referral to Social Services under section 17 and 20 of the Children’s Act

He’s an ‘extended family member’ of his two brothers rather than a direct family member so would need a registration certificate/EEA family permit for it to count for IS purposes. However, he was a direct family member of his deceased mother so may retain a RTR via her depending on what she was doing prior to her death (worker/work seeker, etc). As long as she had RTR and he was in education immediately before she died (and has remained in education, which it appears he has) he should retain his family member status (it’s reg 10 of the IEEA regs).

Hope this helps- someone else may have another suggestion.

Edited to say there’s a recent case the name of which I forget. The gist of it is that there are circumstances where it wouldn’t be reasonable for someone to be considered not to have a RTR when it is likely they will only be reliant on benefit for a limited time. That might apply as a fall-back position…sorry- not much help I realise.. the details will come to me in due course I am sure!

Unfortunately he came to the UK from Lithuania after his mother died there so it would be a long shot if she did have R2R in the UK.. Thanks for the feedback, I shall enquire about the family permit

Unfortunately it can’t work.  The claimant must bring himself within either a or b below (article 3 of the EC Directive, reg 8 of the Immigration Regs).  I think this one is down to the local authority.

2. Without prejudice to any right to free movement and residence the persons concerned may have in their own right, the host Member State shall, in accordance with its national legislation, facilitate entry and residence for the following persons:

(a) any other family members, irrespective of their nationality, not falling under the definition in point 2 of Article 2 who, in the country from which they have come, are dependants or
members of the household of the Union citizen having the primary right of residence, or
where serious health grounds strictly require the personal care of the family member by the
Union citizen;

(b) the partner with whom the Union citizen has a durable relationship, duly attested.

Thank you nevip
I think it is up to social services too.

Sorry- missed the point that he didn’t arrive in the UK until after his mother’s death.

I agree that it looks like it’s social services or nowt, sadly.

I have been advised to look at this judgement:

R (on the application of G) (FC) (Appellant) v London Borough of Southwark (Respondents)

[2009] UKHL 26

http://www.publications.parliament.uk/pa/ld200809/ldjudgmt/jd090520/appg-1.htm

http://resources.leavingcare.org/uploads/87fe6ee0fa282a244ec64e4fab764aca.pdf

I have signposted the relevant workers to social services