We have 2 cases that need help with please!

<1> Portugese national who was put out of mozambique and moved to zimbabwe! came to UK with son and his family . Family home in UK but son works out of S Ireland but pays tax to Irish authorities and not had NI No till recently.

Mother lived with family for over 2 years but problems so got sheltered accommodation and claimed Pension Credit but turned down as no RTR as DM says son not a worker in UK. She is very distressed that she could be put out of the country back to Portugal . She has small pension from Portugal.

We had lots of help from CPAG with the submission but have now received the appeal papers so that didn't work!

<2> Hungarian family - father been in UK for over 2 years, working. Family came over last year - wife and 2 children. wife not able to work as older child <18yo> is severely disabled. Younger child at school.

Trying to get WTC and CTC - wife has applied for NI No but also applied at same time to be appointee for son. They put in a claim for ESA for son but DWP insist on him coming to JC+ or to speak to him .

1) Aside from advising your client that she will not be "put out of the country" as a negative RtR decision is for benefit purposes only - I assume you've told her this? Would stick with CPAG - they know what they're about and the fact that the DWP have rejected the arguments they suggested signifies nothing. Call CPAG and ask if they'll take a look at the DWP sub and suggest a response....

2) not sure what the issue is with this one. Is son so disabled that he can neither speak or visit JC+? If so, DWP will send visiting officer to home. It is reasonable that they carry out some verification that claimant unable to claim for themselves...

thanks - have tried to reassure her but think she's so scared won't believe anyone! have contacted an immigration lawyer in the hope she'll believe him!

have sent it to CPAG but thought would cast the net wider!

<2> yes - he is severely autistic . we appreciate it is reasonable, thing is they don't seem to agree and want him to attend! .

EEA immigration regs2006 / 1003

son may still be a UK worker, but see below

(4) A person satisfies the conditions in this paragraph if—
(a) he is active as a worker or self-employed person in an EEA State but retains his place of
residence in the United Kingdom, to which he returns as a rule at least once a week; and
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(b) prior to becoming so active in that EEA State, he had been continuously resident and
continuously active as a worker or self-employed person in the United Kingdom for at
least three years.
(5) A person who satisfies the condition in paragraph (4)(a) but not the condition in paragraph
(4)(b) shall, for the purposes of paragraphs (2) and (3), be treated as being active and resident in
the United Kingdom during any period in which he is working or self-employed in the EEA State.

Wed 18-Feb-09 09:54 PM by shawn

thanks - appreciate your time and expertise

problem is he wouldn't satisfy 4 (a) as only returns 1/mth not week and also as came from zimbabwe, won't meet the 3 year rule (yet!)