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Forum Home  →  Discussion  →  Residence issues  →  Thread

R2R and Teixeira carer

CHC
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Welfare rights team - St Mungo's Broadway

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Joined: 22 June 2010

I have received an EU national right to reside referral today. The client is a Spanish National who has been in the UK since December 2013. He does not have a partner but has one dependant child age 5 who is in school. The client worked from January 2014 - September 2014 (I believe there may have been a short breaks between jobs). His support worker said he was on JSA, however it looks like he is no longer recieving this but I am still waiting for clarification on this.

The client is currently homeless, I believe sleeping on someone floor with the child. He has been referred to me to find out what his benefit entitlement is.

I will look into the JSA situation first but wondered if I establish that the dad was definately had been a worker then he could have a right to reside as the primary carer of a child in education, (the child was in UK while he was a worker) but would this allow him to claim Housing Benefit, Child Tax Credit, and Child Benefit? 

I am lead to believe that he could not be a teixira carer and also claim JSA and that if he received JSA his status as a jobseeker would override his right to reside as a teixira carer, is this correct?

Daphne
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If he has a right to reside as a carer then he will be entitled to HB, CTC etc and also his JSA and HB will not be limited because that only applies to those who only have a right to reside as a jobseeker - so long as he as an alternative right to reside he can claim without limit - there isn’t a heirarchy in ways of having R2R.

CHC
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Welfare rights team - St Mungo's Broadway

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Total Posts: 169

Joined: 22 June 2010

Thanks Daphne.

My concern about JSA was that a Teixeira right to reside is a derivative right to reside and therefore the person cannot have another right to reside. I wondered if this meant that if he was claiming JSA he would be a work seeker, he would have another right to reside and therefore would not be considered as a Teixeira carer.