My client has a french passport but was born and raised in the UK. He is in hospital with bi polar but is trying to claim IS pending discharge. Apparentyl he has been told he cannot claim IS due to his citizenship. Is there any truth in this?

Thanks

What is the nationality of his parents?

How old is he - was he born in the UK before 1.1.1983? If he was he has British nationality irrespective of his passport (ie, dual, probably).

How long has he been living in the UK - this time around, if not all his life?

Has he ever worked in the UK?

Is he the family member of an EU national who is a qualified person?

His right to claim IS is not based on whether he is French but on whether he is able to establish a right to reside under either domestic immigration/nationality law or EU law and you haven't given enough information or background to be able to say.

If he is either British by birth or has been in the UK for yonks either as a worker or family member, then it wouldn't surprise me at all that he has been refused IS as a general grasp of the more unusual points of immigration law do seem to escape them up in Wick.

Try EEA Regs 2006 part 2, Section 15(1)(a).... permanent right to reside.... an EEA national who has resided in the UK... fro a continuous period of five years.

This Right is just aquired... you don't have to apply for it