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Family member of an e.e.a national ...
I have a cl who came to UK from Poland in December 2007. They have worked on and off until March 2010 when they had to cease work for health reasons. Cl began to receive P.C 11/05/09 because they were working part-time but P.C stopped after cl had to cease work. Since then cl has been supported by her daughter who is also Polish and in employment but they do not share the same household, cl rents a bedsit separately.
My question is if cl is living apart from daughter can they be treated as a dependant family member of an e.e.a national for benefit purpose in the UK ?
If not the only option for cl to receive P.C, H.B / C.T.B in their own right would be if they were to find part-time work, say 8 hours pw ?
Any thoughts greatly appreciated ...
here’s a link to briefcase summary of CIS/2100/2007 -
http://www.rightsnet.org.uk/briefcase/summary/Right-to-reside-whether-claimant-dependent-on-son-/
Thank you for that, much appreciated ...
Maybe I’m being stupid but my take on your replies was that cl did not have to be living with their daughter to be treated as being dependant upon them, it is whether the daughter is providing cl. with the basic essentials for them to exist, ie : paying cl. rent and bills, and buying their food ?
The cl has now found employment of 10 hours per week earning £61.58 and reclaimed HB but this has been refused on the basis that cl. working 10 hours per week does not make them self sufficient.
Having read CPAG pages 1434 - 1434 I am confused ?
Does this mean that cl has to earn at least £137.75 to be treated as self sufficient, but i have had cases where an A8 national or a family member has worked 8 hours per week and been able to claim IS, HB / CTB ??
Any thoughts greatly appreciated, thank you ...
It is late after a long day,but it seems to me that your client no longer needs to argue self-sufficiency as he/she is now an worker. The issue is whether the work is genuine and effective. There was a case where 10 hours was determined to fit this bill. See CPAG p1430-1.
Chaos
it is whether the daughter is providing cl. with the basic essentials for them to exist, ie : paying cl. rent and bills, and buying their food
If your claimant can still show she is partly dependant on her daughter then I can’t see what the problem is. The work she is currently doing now has no impact on her right to reside as a dependant.
Thank you for your replies ...
On the work issue see the following (although in a different legal context) which decides that in determining whether work is effective one should look at the value of the work to the employer rather than to the employee.