Hello All

I hope someone can advise me on this one, I saw client yesterday, he is from Algeria, has Algerian passport due to expire 2012, in the meantime passport stipulates that he can do paid employment. He arrived in UK 1996 and married a French national who has been here since 1986, the couple had a child but split a few years ago. He has claimed HB and JSA after losing employment but advised by DWP and LA that as he cannot demonstrate he has recourse to public funds or indefinate leave means tested benefit cannot be paid. As his ex-partner is classed as an EEA worker and is currently living here permanantly and in employment, I assume that he can be classed as a family member as his spouse has treaty rights, though they are separated they are not divorced.

My question is can he claim a benefit without his ex-partner, and would her income need to be aggregated if he were to make a claim, or have I missed something and he is unable to be classed as a family member?

Thanks for any feedback on this one

Until they are finally divorced (decree absolute) he remains her family member and can claim. If he claims, their income will not be aggregated.

He will have to prove his marriage and her status. Does he have a family permit? Or did he come in to the UK in some other capacity?

Hi,

He came into the country on a work VISA back in 1996 I believe, since his arrival it has been extended. He has previously claimed means tested benefits I have just discovered, so I have asked him to provide proof of his marriage and details regarding his family etc.

Thank you both for your help

Hi

The relevant regs regarding certain nationals claimimg benefit in UK are ( relating to people coming under s115 of IAA 1999 :

(Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (SI 2000 No 636); The Tax Credits (Immigration) Regulations 2003 (SI 2003 No 653); Social Security (Incapacity Benefit) Regulations 1994 (SI 1994 No 2946).

Looking at this, then the nationals of:
Algeria, Morocco, Slovenia (now EU member), Tunisia or Turkey, or their family members, who is ‘lawfully working’ in GB, can claim
DLA, AA, CA, SDA, CB, SF. There is no ( so far as I understand) for them to claim means tested benefits. CBJSA is ok but not IBJSA etc. Lawfully working means ( such as you case)that although they are Persons Subject to Immigration Control, but they come within exemption under 2000 regs.

Lasltly going via the ex partner, it seems from the ECJ case in Diatta, that although seperation has happened, until the divorce, the partner should have a right to reside whilst the partner has it.

Thanks everyone for your help on this one, have got all info in and hopefully will go without a hitch! (well, one can only hope)