Just had an enquiry and wondered if anyone could help.
Clt is Nigerian,lived in UK for 5 years, worked until birth of child recently, Husband is Greek National, again worked until birth of child. Child is born in UK, with severe disability, a successful claim to DLA has been made for the child. Husband getting JSA etc for family, Wife would like to claim CA, claimed, but turned down on Immigration status. Is this correct. I think as Husband is EEA national she should be able to get CA, but can't find it clearly anywhere. Social Worker is coming to see me tomorrow morning, any help appreciated.

CPAG 06/07 handbook part 7 Ch 57 pg 1412 you are not excluded from getting CA if you are a family member of an EEA national regardless of your nationality or whether or not your partner is a worker

Yes, i found something similar in the Disability Rights Handbook, but couldn't find it in the law books, however, we will emntion this on the appeal form and provide a copy of the marriage certificate etc.
Thanks

the rules were introduced by the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000

@ http://www.opsi.gov.uk/si/si2000/20000636.htm

... see part II ....

'Persons not excluded under section 115 of the Immigration and Asylum Act from entitlement to ... invalid care allowance ...

1. A member of a family of a national of a State contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993.'

Thanks for that.