Hi all,
I have read the various posts on this with interest but could someone out there point me in the right direction on this case as it doesn't quite fit.

I have a case of an 18 year old (19 in February) Polish girl with learning disabilities who attended special school in Poland until May 2007 when she came to join her family in UK. Both parents are registered workers and have been for 3 1/2 years, I am arguing that daughter is the dependent of a worker (as dependency includes other factors such as social and psychological needs) and so has a right to reside.

Question is - where does it get me? As I understand it, under 2004/38 an "inactive" person can only have the right to reside if they have sufficient resources to avoid becoming a burden. This young person was receiving Polish benefits (probably incorrectly) but these will cease at age 19, after that, the family will be looking for additional finances - DLA and Income Support.
Will claims to these benefits affect this girl's right to reside and at what point does a person become a burden?

Any help will be much appreciated

The point is that she has a right to reside as the family member of someone exercising treaty rights, and therefore doesn't need a right to reside as a result of her own activity. In effect she is allowed to be here to make it easier for her parents to exercise their right of free movement. If she were not a family member she would clearly have great difficulty showing that she did have a right to reside, but as she clearly is a family member, claiming benefit will not affect her rights.

Just to add to that I've just been reading my CPAG H/Bk page 1401 onwards re' EC Directive 2004/38 (in force since 30 April 2006.).It applies to those who are excersising the right of free movement under the European Treaty.

On page 1402 it goes on to say that the Directive recognises the right of residence of family members. Family member includes:
children up to the age of 21 or older if still dependent.

Then on page 1404 it goes on to say that family members of EEA nationals do not require leave to remain in the U.K and are admitted without a public funds restriction.

Thanks for your helpful information, we have made the claims - I imagine the next issue will be over habitual residence!!