Hi
Claimant has been resident in supported housing since September 2009. Turned down for HB and IS/JSA - DWP & LA are saying she needs to pass HRT to get benefits. We think she may be exempt from HRT, and could also be eligible for interim HB payments.
Circumstances are as follows:
Claimant born in Dec 1989 in the Congo. Lived with her natural mother in the Congo until she died in 2003. She then lived with her grandfather who was not in good health until her father made an application for her to join him, his wife and half siblings in the UK.
Feb 2005 - she joined her father, who is an EEA 16 National (from Austria). Her passport was stamped 12 Feb 2005 to 11 Feb 2010 thus making her a “family member of an EEA16 National”. After 6 months applied for and received an EEA Family residency card, which expires in 2010. She also received a letter from the Home Office confirming she had a right to reside in the UK. This letter also stated if she wished to stay here without her father, she would have to make an application to remain in her own right. She continued living with her father and family and attended College where she had been studying since 2006. During her summer holidays from College, she worked. She had a NINO.
Whilst living at home she suffered abuse from her father and stepmother. Abuse intensified and the relationship disintegrated further, which resulted in her being thrown out of home. She was then referred to supported housing by LA.
Application made for IS & HB. She was asked to take a HRT to claim benefits. She was told she had not passed the test, hence no entitlement to IS/HB.
Legal advice sought - made an application to have the right to remain in her own right in April 2009. Still awaiting decision from Home Office - their letter sent in April 2009 said she should not contact them and should wait until they wrote to her.
Three questions: Should she be entitled to HB/IS without having to go through HRT? If so, should HB/IS be backdated to when she moved into supported accommodation 10 months ago? Do you agree the LA should have been making interim HB payments?
Any other advice/links to relevant Regs very welcome!
Thanks for your help.
|