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derived rights (EEA parent of British child)

samiam
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WRAMAS Bristol City Council

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Has anyone come across this - can’t quite figure it out from the new I (EEA) regs

Claimant is an EEA national, lone parent of a British child. Claimant has previously been a worker but no retained worker status and no permanent r2r.

The child is currently in education. Does it matter that the child is a British national rather than an EEA national?

davidsmithp1000
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Brighton Unemployed Centre Families Project

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Hi.

Presume other parent is British - see;

http://www.rightsnet.org.uk/forums/viewthread/9335/P15

Though this doesn’t quite add up, and hard to believe there’s not authority on this

samiam
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WRAMAS Bristol City Council

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Thanks - I reached the same conclusion but you could easily read Reg 16(3) as making the claimant eligible.

davidsmithp1000
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Brighton Unemployed Centre Families Project

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I agree re. Regs

I’d like to see resolution on this - common sense doesn’t seem to prevail here ...

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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But the “person” in para (3) is the child: the parent’s derivative right is covered by para (4).

The child would not satisfy para (3) because s/he is an “exempt person” as defined in para (7)(c)(ii): being British s/he has a right of abode.  If the child is not covered by para (3), it follows that the parent isn’t covered by para (4).