A8 and income support claim

Hello all,

I have a Polish client who came to the UK alone in August 2006 and found employment in October 2006 but she didn’t register her employment until 16/04/2008. She ceased work on 16/03/2012 to care for her baby voluntarily (only child). She wants to apply for income support as a lone parent. She has tried to ‘piggy back’ her Mother, as a family member who is working, but this has been rejected as she doesn’t live with her and she is not dependant on her.
Can work that has not been registered count towards her 5 years? Are there any cases which allow for non-dependency on family members?

Thanks,
Lauren

1. If aged 21 or over then you can only have a right to reside through a “family member” if you are dependent on that person. Dependency does not require living with the person- it will require that you receive material support that contributes to the basic necessities of life from that person.

2. A person may be able to argue that time spent in unregistered work is time when they did in fact have a right of residence on the basis that they were self sufficient.

3. Who is the father of her child and what right of residence does he have?