Can anyone help with this confusing issue? British client was employed in France four and a half years ago, had an accident at work and was signed off sick. Returned to UK 3 years ago, but is still sending sick notes to his French employer as they will not release him. He is not getting any payments of any kind.

Client and french wife intially tried to clain JSA jointly(on their return from France), but he had to sign a waiver to say he wasn't entitled. French wife claimed in her own right until she got work. Client is still incapable of work but hasn't been 'allowed' to claim any contribution based, or means tested benefits either.

After being back in UK for over two and half years client and wife attempted to claim HB last year, to be told they couldn't make a claim.

They now have baby, and we cannot work out why they have been denied benefit in the past.(They are making claim for CB/CTC and HB now) Can anyone help we are really confused about how the french employment has affected his benefit entitlement? We don't think Habitual Residence is the issue. But are wondering if there is an issue because of the accident and possible compensation?

What was your client told when he was not allowed to claim benefit? He should have been provided with a decision letter if he made a claim. If he did not make a claim he should make one now. A decision not to award benefit should provide enough information to work out why they are having entitlement problems now. It may also through some light on their past difficulties.