Morning

I have a case I am not sure how to proceed with, any thoughts would be appreciated.

I have a Polish client who came to the UK in Dec 06, she started work in Jan 07 and stopped in Dec 07 because of ill health. She is now in receipt of HRMC and awaiting an op.

She did join her Polish partner here with their child and he has been working for over 12 months now. They separated and she has been turned down for HB/CTB and I suspect shortly IS because she did not work for 12 months.

I can't rely on his EEA rights as they were not married, is there any other argument I can use to get her benefit paid?

Thank you