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Top Other benefits topic #1875

Subject: "Right to Reside" First topic | Last topic
Michyblue
                              

Welfare Benefits Caseworker, CAB Maidstone
Member since
18th Jul 2008

Right to Reside
Fri 18-Jul-08 01:25 PM

Hi there!
Yet another problem re right to reside, but this one is slightly different.
My learned colleague Pete has a client who has dual Nationality (S African/Portugese) his wife is Portugese and they have a baby.
Client arrived in U.K. about 6/7 months ago and his wife and baby arrived 3 months ago.
Neither client or wife have worked in U.K. or Europe before but client started work full time almost immediately on arrival.

Can client/partner claim any in work benefits and/or child benefit??

Thanx

  

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Replies to this topic
RE: Right to Reside, Sayo, 18th Jul 2008, #1
RE: Right to Reside, ariadne2, 18th Jul 2008, #2

Sayo
                              

Welfare Benefits Case-Worker, Maidstone Citizens Advice, Kent
Member since
02nd Nov 2004

RE: Right to Reside
Fri 18-Jul-08 02:34 PM

top of the weekend to you all !
pete here and i think i've found the answer to this and that is ;
cl. husband who is working full time can claim in work benefits (w.t.c / c.t.c, h.b / c.t.b, c.b, and help with health costs because he has dual nationality, ie : portugese / south african, but if the cl. was to try to claim benefits she would be refused because she is economically inactive, ie : not a worker.

how does that sound folks ?

all responses greatly appreciated, and have a tiptop weekend all

pete

  

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ariadne2
                              

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

RE: Right to Reside
Fri 18-Jul-08 05:50 PM

Cl is an EU national (portuguese) who is apparently a worker. That means nothing of a benefitty nature is off limits for him and his family members, which a wife and dependent child certainly are. So they can get HB, CTB, cb, wtc and ctc and all the lot and because he is a worker it doesn't matter what she does with herself or what her nationality is even because they have as a family got the best rights anyone who is not British can possibly have in ths country.

Just don't let him bog off back to Portugal or South Africa and leave her and the baby here all on their lonesomes, or there will be TROUBLE.

  

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Top Other benefits topic #1875First topic | Last topic