Clt came to UK with her mother in 2001 when she was 12 years old, mother came as an asylum seeker. Asylum claim not sorted out by April 2004, mother then became a worker, Clt still at school in 2004. Clt is now 18 is single, had a baby April 2007, applided for JSA but was refused, reasons unclear. She has applied for IS and this has been refused because she can't provide evidence of immigration status, she was on her mother's passport when she first came to UK, mother's passport returned to Czech Republic embassy in London when she had to renew it, Clt not on mother's new passport and Clt doesn't have a passport. Clt is getting CB and CTC.

Can she claim IS as a dependant under the age of 21, of a A8 Jobseeker's (mother now on JSA)?

A right to reside as a family member of a jobseeker is excluded from IS by reg21AA(3)(b) but since this referes to a jobseeker for the definition in reg 6(1) of the Imm (EEA) Regs 2006 I don't think it applies to someone who keeps worker status whilst unemployed (since they do not fall within the jobseeker catagory in para (1) but rather the worker cactagory).

Should have also mentioned that this exclusion does not apply to JSA. Also I saw a Commissioner yesterday who had done a talk suggesting that a person who was a workseeker who had retained worker status could not get HB & CTB because of the exclusion of the right to reside as "a jobseeker for the purpose of the definition of "qualified person" in reg 6(1)" I suggested to him that this did not apply since someone keeping worker status would be in the worker catagory in para (1) and that the meaning of 'jobseeker' in para 1 is specifically that defined by para (4)(jobseekers without worker status). Without the regs to hand he said he could no answer me and to be fair it was really putting him on the spot (whilst he was trying to get his lunch!) but obviously a commissioner thinking differently to me is probably good reason to have reservations about whether I am right.