client has been given status as the family member of a 12 year old child who is Spanish but born and brought up in the UK. Child is supposed to be coming to live with him.
He is working.
He is not on good terms with wife, and it would be difficult to get any evidence from her, but we understand she works.
Has claimed housing benefit but been informed that not entitled without evidence from wife.

Sorry, ex-wife!!

What nationality is he and what sort of "status" has he been given? If he is an EU national he would appear to be a worker. If he is not an EU national, but has some sort of leave this should be apparent from his passport or letters from the IND.

He is Colombian, has been given residence as family member of an EU member with work/ business activities allowed. But social services letter says that they were informed by the home office he is entitled to benefits.
Is this correct?

As an EU national's family member the "public funds" rules would not apply to him,but that is purely for immigration purposes. If someone with a "public funds" restriction applies for public funds beenfits then technically this is an immigration law offence. Of course if DWP is doing its job properly they won't get the beenfit and it's unlikely they would be penalised by IND for the attempt, but it might go against them if they were trying to get leave extended.


However he is still subject to the totally separate benefit rules that we all know and love, especially the right to reside ones. I suspect that the HO is thinking exclusively about the first set of rules and have very little reason to know about the second, since EU nationals and their families are generally of almost no concern to them.

If he is the family member of an EU national he remains one even if he separates from his wife. It is only on divorce (decree absolute) that he ceases to count as her spouse. But, there are provisions in the Residence Directive and the 2006 EEA regs about what happens on divorce. I haven't looked recently but there might be stuff there that would help him.