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I've very little experience (well, non actually) of benefits for people from abroad, so any help would be appreciated. Scenario is thus. 28 year old Polish national came to UK Aug 07, has had 3 periods of employment, the first 2 were possibly not registered under the WRS, did not total 12 months, and were separated from the 3rd by over 30 days, so not linked. Only the 3rd period was definitely registered and he was dismissed after 11 months (inc holiday entitlement) when he became mentally ill. I don't think he has R2R therefore on the basis of his work. He only ever worked in Poland for about 4 months. He is currently sectioned to a psychiatric hospital. We have applied for ESA but I don't expect this to succeed. When he is discharged the plan is for him to live with his mother in a 2 bedroomed flat, her tenancy, she will claim any HB/CTB. She has been here and worked for several years and has RTR.
Assuming he is still ill when he leaves hospital, would he have R2R as an extended family member who is a member of his mother's household and is seriously ill or disabled requiring the personal care of an EEA national (CPAG Migration Handbook p100)? Would this then enable him to claim IS? If he rented somewhere of his own to live, would he still have R2R as dependent on his mother's care and be able to claim HB/CTB?
Could he claim DLA on discharge from hospital as he would be ordinarily resident and satisfy the residence and presence test?
Many thanks in advance.
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