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IS and EEA
Hello
Tenant is Polish and has lived in UK for 6 years with her Polish husband. He has always worked and she hasn’t worked. They have 2 kids aged 1 yo and 10 yo. 10 yo in school.
He gets CB and CTC.
Recent incidence of domestic violence, Police involved, injunction in place keeping him away.
I think she can claim CTC, CB and IS and HB as she has permanent right of residence as she is a family member of a worker who has lived in the UK for 5 years plus. This means she doesn’t have to be a work seeker and can therefore claim IS rather than JSA.
Am I correct? Have I missed anything?
Thanks in advance
I agree.
In practise, the DWP will demand chapter & verse so if she has any evidence of his work history it would help speed up her claims (and get around the need to dispute negative RTR decisions). On the other hand, easier said than done when fleeing DV. DWP should apply the Kerr judgement principals (if client can provide them with husband’s DOB and NINO they should be able to check his NI record with HRMC, etc).
Good luck…
Thanks 1964. Just needed to run it past someone as was doubting myself!