This concerns the scope of Art 76 of 1408/71. The client came to the UK when she seperated from her husband, leaving behind her two children who stopped with Dad. She works, sends money home and sees the children at holidays etc. Can she claim for the children under Art76?

If there had been no relationship breakdown and she was, like lots of people, forced to live seperately from them to earn money I wouldn't have any doubts that Art 76 helps her. I am struggling on the effect in CTC terms because the test is 'living with' the child and elthough the children could be treated as being in the UK I think the effect of the breakdown is that this does not necessarily mean they would be living in the claimants household. Any views on this?