Hope someone can help me with this although I did think I was right until the DWP have decided otherwise.

I have an 18 year old Afghan man who has been given discretionary leave to remain in the UK. He has claimed and is receiving JSA.

He is now living with a partner who is from the Czech republic. She is also 18 and has been in the uk for 11 months. Her mother and older sister also live in the UK but her mother has never received benefits for her as a dependant.

She is not a registered worker although she did work briefly for one week in May 2008. She is now 5 months pregnant and when her partner made a claim for her on his JSA claim has been refused as she does not have R2R.

My feeling was that she could not claim in her own right but as the partner of someone with no immigration restriction he should have been able to claim JSA for her????

Would appreciate any help you can give me.

Sue

No doubt someone will correct me if I am wrong but I thought only the claimant was subject to the right to reside test.

That's what the regulations say. I wonder if they are confusing him with the partner of a person subject to immigration control, where he would only be allowed to claim for himself, not for his partner. Since a person who is a national of an EEA Member state can never be a person subject to immigration control under s 115 of the Immigration and Asylum Act 1999, that's a non-starter.

If he can claim jobseeker's allowance for himself he can claim it for a partenr who is not a person subject to immigration control. That expression does not mean the same, by quite a long way, as a person from abroad.

Ask them for chapter and verse.

You, and Nevip are right, so I believe, as partner can claim for both, only for JSA though, it's a different game for Tax Credits as both partners need to be present in UK, whereas mum isn't treated as present.

Hopefully as 18y.o daughter of mum she'll qualify as a family member but I wouldn't be absolutely sure without looking it up.