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UC RTR/Hab res
Hi guys
I have a female lone parent client with 1 child aged 1 year old. She is an EEA national from Poland. Shes lived & worked in UK since 2015 upto June this year when she never returned to work after her mat leave was up.
She is married to a British citizen but are now separated due to domestic violence.
She has fled the home and taken on her own private rented property shes claimed UC and been refused due to hab res/RTR. Her only income is CHB and she is looking for work.
Does anyone know any loopholes that she may qual for UC due to DV situation etc because as far as I can see she doesn’t qualify under the normal rules ie 5 year permanent RTR, child in education etc etc.
Many thanks
Are the DWP saying she does not have a right to reside because she is involuntarily unemployed?
I got some advice from my local Law Centre in relation to an ESA RtR case and they directed me to this part of the legislation which might help?
para 5(7) of the EEA regulations which says that
(7) Subject to regulations 6(2), 7A(3) or 7B(3), for the purposes of this regulation—
(a)periods of inactivity for reasons not of the person’s own making;
(b)periods of inactivity due to illness or accident; and
(c)in the case of a worker, periods of involuntary unemployment duly recorded by the relevant employment office,
shall be treated as periods of activity as a worker or self-employed person, as the case may be.
“Not of the person’s own making” isn’t defined as far as I’m aware, but could be a useful route to explore?