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19yr old A8 and income support
Hello, I have a clt who came to the UK to join her mother almost 4 yrs ago. Mother was working when clt came to uk and went to school here, clt left school and started working for an agency. My clt was finished in work due to being pregnant, claimed JSA and 11wks before due date clt advised by JCP to claim IS and claim was turned down (we appealed this and claimed IS again recently the second IS claim has been turned down). Mother had her own difficulties but these are now resolved and she is claiming JSA, our problem is the clt and what benefit to claim?
We originally thought IS because of the mother and the clt being a family member and under 21, but I have read somewhere that states “if your only right to reside is as the family member of EEA national who has right to reside as jobseeker, this will not satisfy the right to reside requirement for IS” can anyone confirm this for us? I cannot find any regs that confirm what I read.
If the above is true could my clt claim JSA in her own right? although that would require my clt seeking work with a new born child.
Thank you in advance for your time and help!
If the mother has completed the relevant 12 months work under the WRS, and is now temporarily involuntarily unemployed and claiming JSA, then she remains a worker, just as she would if she temporarily was off sick . The exception for “jobseekers” is for people who have come to the UK to look for work but have never worked at the date the family member claims.
Firstly thank you both.
The father still lives in the same town and I believe he works full time through an agency but the client does not want any involvement due to history.