my client is DRCongo national with permission to stay in UK until 04/2007 as spouse of EEA national. couple have separated (not divorced). client has been refused Income Support for herself and 2 small children. I understand that Diatta (267/83) gives spouses of EEA nationals right to residence even if separated but does it also give entitlement to IS? help appreciated

whilst diatta doesn't in itself directly give entitlement to income support .... it works if you say -

is she exluded from benefit by being "subject to immigration control" as defined ... no she wasn't ... because of her european rights she wasn't caught by the imm control definition

if that was the case, has anything changed as a result of the seperation ... and this is where diatta comes in, in that it effectively says your european rights don't end on seperation

so ... she's stil not subject to imm control - and is entitled to income support

ps - dont know whether you've got diatta .. but if not its here -

http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=en&numdoc=61983J0267