Income Support for Polish national who was not receiving Child Benefit at the time of claim - please advise

Hello
I was wondering if anyone has come across this before and what would you advise to do?

A Polish national is married to another Polish national. Both been in the UK for around 6 or 7 years. The lady was self employed for 5 years 2009 - 2014. Her husband was working for over 5 years. Husband has definitely acquired permanent residence. I assume the lady would have it too based on the fact she is his wife and also that she was self employed for over 5 years (although not earning over £153 a week).

She is in the process of divorcing her husband now, however they still live together as he refuses to leave the house, so at the moment they are still married/separated.
They have 1 child together under 5 years old. I am not sure if they have another child in education or not.

She made a claim for Income Support in July 2016. The decision was that she was not habitually resident. She did not provide any documents to prove her husband acquired permanent residence.

She asked for Mandatory Reconsideration, which was rejected with explanation that she was not claiming Child Benefit so was not classed as lone parent.

The child benefit was in her husband’s name but being paid into her account I believe. She didn’t know about this rule so didn’t change it at that time.
She has since made a claim for Child Benefit in her own name.

Does anyone know if there is anything she can do? She wants to appeal this but I am not sure if she can win this.

Any advice would be really appreciated.

thank you

Under the Income Support regs, where somebody is receiving child benefit in respect of a child, that person is treated as responsible for the child. If the husband is the one getting Child Benefit then there would be no entitlement to IS as a lone parent - even before considering the EEA issues. See Reg 15(1) Income Support (General) Regulations 1987.

She will, I think, need to make a new claim once the CB has been resolved - although the R2R issues may be raised again (and it may be suggested that she still remains part of a household with the husband).

thank you for your help