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Forum Home  →  Discussion  →  Income support, JSA and tax credits  →  Thread

right to reside query

LJF
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Benefits caseworker - Manchester Citizens Advice Bureau

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Total Posts: 143

Joined: 12 July 2010

client aged 17 came to UK from Sweden 1.5 years ago aged 16 and been in full time non advanced education.
she has no family, other children in UK, never married, never worked
she lived with a male aged 29 who has leave to remain from Kuwait - he is a full time student and gets student finance £110 a week just for himself.
he claimed CB/CTC for client.
however she has had his baby in December - she has took a year off college - intends to return in September - so his cb/ctc for her has stopped.
they were temporarily in a relationship but no longer
she and the baby live with him but not as a couple.
he has claimed CB/CTC for the baby - single claim
advised him to add baby to student finance and claim HB with client as a non dependant - no deduction until she turns 18 in march - then lowest deduction if he proves she has nil income.
she cant work as looking after baby - but if she could advised she could get JSA for 91 days and CB/CTC instead of him as a job seeker but no HB ??- this is assuming she found her own place and needed hb
she claimed IS as a single parent but refused due to right to reside - she couldn’t get IS after 15 weeks unless she got the CB? regardless I think the decision is correct that she has no right to reside - unless there any exception rules for 17 yr olds with babies?? she is 18 in march
advised he could add her back onto his CB/CTC in September when she returns to college - aslong as they accept she isn’t his partner this should be allowed.
but I don’t think she can get any benefits in her own right whether she’s 17, 18, student or not -

thoughts welcomed

Simon
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Charlotte Keel Welfare Rights, Bristol CAB

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Total Posts: 90

Joined: 18 June 2013

Hmm yes tricky, it would seem your client’s only R2R would be as a workseeker, limiting her to 3 months JSA before the GPoW test is applied. I imagine you may have a tough time arguing that they are not a couple as well given the circumstances. With no other family in the UK I really can’t envisage a way that any further entitlement will be possible…anyone else?