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Non EEA National and Child Benefit refusal
My client is a non-EEA national and she has PSS as a family member of an EEA National. She is married to this EEA National, they are separated but still married. Her husband is in genuine and effective employment and his earnings are topped up by UC (so he has clearly passed HRT).
She has been refused child benefit for her 3 children. From the initial info, I had assumed that it was because she was unable to provide evidence of her husband’s right to reside as a worker.
A statement of reasons has now come back stating an entirely different reason for the refusal:
“this is because as a non EEA person in order to qualify for child benefit you have to be dependent on your EEA partner and you have stated that you are not on the DLRP4 form”
This threw me - I didn’t think that being dependent was a requirement in this scenario?
Is anybody able to clarify this for me please?
Thanks