SARLOUALD
WELFARE BENEFITS ADVISOR, BRIGHTON HOUSING TRUST, BRIGHTON
Member since 06th Feb 2007
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Re: Portuguese family habitual residency test for purposes of I.S
Mon 30-Apr-07 08:03 AM |
Hello
I hope someone can help, I have a Portuguese client who came to the UK february 1999. When he arrived he found f/t employment and paid tax and N.I contributions, he had a citizen card issued to him but this expired 2005, he didnt renew as felt no need (as portugal part of EU).
He opened his own business with his wife in April 2004 until November 2006, he stopped trading as business was insolvent and there was considerable debt. Unfortunately the family did not pay tax at this time and were 'taking money out of the till' due to the debt they were in.
The family have no income, Mr. Rocha made claim for I.S and INCAP B. on 22 Feb 07 (he is now unwell and provided med 3). He was turned down as Jobcentre decided that from Feb 07 he is not habitually resident as he is not a qualified person as defined by reg 6(1) or (2) or (3) of the immigration (EEA) Regs 2006.
The info I have on this isn't very up-to-date (I know how these regs tend to change on a regular basis!), and I just wondered if anyone had had any recent Portuguese clients in a similar position? Any assistance would be gratefully received?
Sarah
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