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UC for 16 year old - Are they without parental support?
Hi all,
Would really appreciate some opinions please.
A social worker has approached us for advice regarding a family. Dad is from Nigeria. Arrived in UK with Wife and 2 sons. Wife also Nigerian but sons have Spanish Citizenship by virtue of them all living in Spain for more than 12 months. Apparently it is standard for children to be granted Citizenship after 12 months in Spain but the same does not apply for adults. Have been present in the UK for less than 5 years.
Wife has passed away and it seems that they were accessing benefits based on her status. It is unclear what status she had and family cannot find any paperwork. Since her death, remaining family members have been denied access to benefits. Dad has no right to work and so they are reliant on foodbanks and charitable support.
Eldest son aged 16 has now been granted status in the UK and can access benefits and NHS support etc. The question is can he claim UC in his own right. The Regs allow for this where he is consdiered to not have parental support, but he doesnt strictly mee the criteria for this, as his father is in the UK with him, and is not in custody etc.
Is there any merit in applying for UC in these circumstances. Dad cannot provide financially for the household, but the fact e is present may have an impact on UC entitlement.
Any thoughts would be greatly appreciated.
Is it pre-settled status the son has given he has lived in the UK less than five years?
Jim
[ Edited: 5 Dec 2024 at 03:49 pm by Mr Jim ]Is there no one in your council who can access NRPF Connect? - can check the deceased parents status via this. Alternatively, Home Office or Immigration Lawyer can tell what the deceased status was.
Hope this helps.
Jim
Is dad in the UK illegally as you say he has no right to work? I’m thinking on technicalities: if dad is here illegally then maybe he is not present for benefit purposes. They should seek advice from an Immigration lawyer asap.
Jim
Without parent support route unlikely to work as must have no parent (not applicable) or not living with parent (again not applicable).
However, 16/17 yos can also claim UC in other circumstances, including where responsible for a child. In this case 16 yo can claim on basis of being responsible for younger brother. Fact that dad may live with them does not prevent this as where two people live with a child they can nominate who is treated as responsible.
Slight note of caution that “the Secretary of State may determine that question [...] if a nomination [...] does not, in the opinion of the Secretary of State, reflect the arrangements between those persons.” (Reg. 4(5))
Without parent support route unlikely to work as must have no parent (not applicable) or not living with parent (again not applicable).
However, 16/17 yos can also claim UC in other circumstances, including where responsible for a child. In this case 16 yo can claim on basis of being responsible for younger brother. Fact that dad may live with them does not prevent this as where two people live with a child they can nominate who is treated as responsible.
fantastic, had not thought of that as an option at all. really appreciate that
Is dad in the UK illegally as you say he has no right to work? I’m thinking on technicalities: if dad is here illegally then maybe he is not present for benefit purposes. They should seek advice from an Immigration lawyer asap.
Jim
Hi not here illegally as far as we can tell. I thinkwe will follow your advice and see if we can look in to the deceased mothers residency thiough. thank you for the suggestions.