I agree with Suzannem. The Immigration (European Economic Area) Regulations 2006 SI 2006/1003 at Reg 2(1) say that "EEA national" means a national of an EEA State other than the United Kingdom.
So, as CPAG handbook p1376 says, this couple would get paid single person rate of JSA only. But that is subject to overriding rights under EC Treaty and Directive 2004/38. Without knowing more about the EEA national, how long he’s been here, his incapacity, etc, it’s hard to see any rights here. Especially considering what is in the thread at http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=103&topic_id=5924&mesg_id=5929 from which I’ve copied this:
“McCarthy v S of S for the Home Dept <2008> ECWA Civ 641, Court of Appeal, confirmed that rights to reside are wider than those in the 2006 Regs, the Court also held that 'resided legally' in Art 16 means 'in compliance with the conditions laid down in this Directive'. The right to reside by virtue of being married to a Brit.Cit isn't provided by the Directive … CPAG also think that EEA nationals married to Brit.Cits are not covered by Directive in the way spouses of other EEA nationals who are residing in UK are covered.”
Robbie
|