My client is a French citizen, work seeking in the UK. Her husband is an Ivory Coast national, working FT in France (presumably he's in France on a spouse visa).

My client has tried to claim JSA here, but failed because she and her husband consider themselves to be a couple, and intend for him to come here as soon as he gets his visa sorted out. Under JSA rules, until they have been separated for more than 52 weeks,she can't claim JSA in her own right, because he is working FT in France.

I've been trying to work out if they could claim WTC as a couple here in the UK, despite him living and working in France at the moment. Looking at the presence and residence conditions for tax credits, I think the husband can be treated as present and resident in the UK because he is the family member of a qualified EEA person. (p. 1357 of CPAG). I've had a look at EC Reg 1408/71, but that seems to concentrate on exporting some benefits abroad.

Anyone got any ideas or comments please. Is it worth putting a claim in? Thanks, Chris.