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Top Housing Benefit & Council Tax Benefit topic #4688

Subject: "eea16 / a2 national ? ? ?" First topic | Last topic
Sayo
                              

Welfare Benefits Case-Worker, Maidstone Citizens Advice, Kent
Member since
02nd Nov 2004

eea16 / a2 national ? ? ?
Fri 16-Mar-07 06:20 PM

top of the weekend to thee, and now it's monday morning (i know ) hope you had a good'n ?

anyway, pleasantries over, on to business ...

i have a cl. from finland who came to live in uk may / june 06 with her partner, father of their 4 yr old daughter. she's studying a degree whilst here with the educational establishment which is running the course being in finland. this is due to end in approx. june.

in february 07 cl. / partner separated and cl. moved in to a separate address.

between may / june 06 partner was supporting the cl. / child because he was working whilst cl. studied and cared for the child.

since february cl. has received £80.00 pw maintainence from ex partner, plus receives £200.00 pm rent from a lodger. no other income.

approx. one month ago cl. submitted claim for c.b / c.t.c but has not received a decision on these claims yet.

cl. has also claimed h.b / c.t.b but this has been refused because local authority has said cl. is not "self-sufficient".

i've looked in to this and this rule would appear to affect finland and austria because they have failed to sign a reciprocal benefit agreement with the uk, and if a person who is a lone parent or student from these countries have neither worked since they entered the uk, or are unable to show that they are actively seeking work, or have been taking steps to find work, then they fail this test ...

... phew ! i'm cream crackered from all this typing ...

hope this is making sense, and you're still with me ?

i would like to challenge this decision and my arguments will be that when the cl. first came to uk she was self sufficient because her partner was supporting her, she has been actively seeking work, and she was in the uk for approx. ten months before claiming benefits.

i feel these rules are similar to the a8 national worker benefit rules, and if anyone else has got any ideas or suggestions on this matter i would be truly grateful.

as ever, all responses greatly accepted and appreciated.

pete

  

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Top Housing Benefit & Council Tax Benefit topic #4688First topic | Last topic