× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

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

IS and EEA

JoW
forum member

Financial inclusion manager - Wythenshawe Community Housing

Send message

Total Posts: 343

Joined: 7 September 2012

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

1964
forum member

Deputy Manager, Reading Community Welfare Rights Unit

Send message

Total Posts: 1711

Joined: 16 June 2010

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…

JoW
forum member

Financial inclusion manager - Wythenshawe Community Housing

Send message

Total Posts: 343

Joined: 7 September 2012

Thanks 1964. Just needed to run it past someone as was doubting myself!