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Top Income Support & Jobseeker's Allowance topic #4704

Subject: "Woman from Malta with disabled adult daughter" First topic | Last topic
cecwrs
                              

Welfare Rights Officer, Welfare Rights Service,, City of Edinburgh Council
Member since
03rd Oct 2007

Woman from Malta with disabled adult daughter
Thu 01-Nov-07 11:03 AM

A woman born in Britian and left as an adult to marry a maltese man has returned to Britian with her profoundly disabled daughter as her husband has a severe mental illness and she was at risklovong with him. She has returned for family support. She has dual nationality but her British passport ran out in 2003 and she got a Maltese passport to return to the UK as it cost only £12. Her daughter was also named on her Brirish passport. She has been refused Income Support - Surely thus is wrong !!

  

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Replies to this topic
RE: Woman from Malta with disabled adult daughter, bensup, 01st Nov 2007, #1
RE: Woman from Malta with disabled adult daughter, cecwrs, 01st Nov 2007, #2
      RE: Woman from Malta with disabled adult daughter, Martin_Williams, 01st Nov 2007, #3
           RE: Woman from Malta with disabled adult daughter, ariadne2, 01st Nov 2007, #4

bensup
                              

Benefits Supervisor, Barrow-in-Furness, Cumbria Citizens Advice Bureau
Member since
24th May 2004

RE: Woman from Malta with disabled adult daughter
Thu 01-Nov-07 11:22 AM

What's the reason for refusing the IS?

  

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cecwrs
                              

Welfare Rights Officer, Welfare Rights Service,, City of Edinburgh Council
Member since
03rd Oct 2007

RE: Woman from Malta with disabled adult daughter
Thu 01-Nov-07 03:50 PM

Income Support state that she is not a qualified person as defined by regulation 6(1)or(2)or(3)of the immigration (EEA) Reg.2006 - appreciate your help

  

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Martin_Williams
                              

Appeals Representative, London Advice Services Alliance- london
Member since
21st Jan 2004

RE: Woman from Malta with disabled adult daughter
Thu 01-Nov-07 03:57 PM

She is British. Therefore she has a right to reside in UK as a citizen.

They may have decided that she was actually not habitually resident in the ordinary sense (ie not here for an appreciable period, cannot take advantage of the "returning resident" issue).

Martin

  

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ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: Woman from Malta with disabled adult daughter
Thu 01-Nov-07 09:23 PM

If she was born in the UK before 1.1.1983, a birth certificate to that effect is conclusive proof that she is now a British citizen.

  

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Top Income Support & Jobseeker's Allowance topic #4704First topic | Last topic