× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Residence issues  →  Thread

right to reside

SocSec
forum member

welfare benefits/citizens advice//ashfield

Send message

Total Posts: 277

Joined: 11 July 2013

Help needed, I have a client who is an EU citizen with partner and children of school age, they came to UK father , mother and children in October 2013 and claimed income based ESA, refused as client has not worked in UK and is not intending to work in UK, but CB CTC and HB have all been paid, why would HMRC and Local Authority pay if DWP has said they have no right to reside in UK ???  client has no relatives in UK.  I am perplexed :{

chacha
forum member

Benefits dept - Hertsmere Borough Council

Send message

Total Posts: 472

Joined: 13 December 2010

SocSec - 11 March 2014 02:21 PM

Help needed, I have a client who is an EU citizen with partner and children of school age, they came to UK father , mother and children in October 2013 and claimed income based ESA, refused as client has not worked in UK and is not intending to work in UK, but CB CTC and HB have all been paid, why would HMRC and Local Authority pay if DWP has said they have no right to reside in UK ???  client has no relatives in UK.  I am perplexed :{

So am I, why would HMRC and LA pay? Based on your facts they don’t have a right to reside, unless HMRC and LA know something you don’t?

Clare M
forum member

Senior welfare benefits adviser - Shelter NE

Send message

Total Posts: 5

Joined: 7 October 2010

They will auto gain r2r from the fact that the children are in school.  They have no right to reside in their own right,  this is derived from the children. As long as the children are dependant upon the parents, then they will be entitled to a r2r.

Under grounds of hardship where children are concerned HMRC and LA will pay benefits. 

I tend to use this route to gain benefits when children are involved.

Confusing I know!

SocSec
forum member

welfare benefits/citizens advice//ashfield

Send message

Total Posts: 277

Joined: 11 July 2013

see page 1607 in cpag guide , parent must be a worker

Bryan R
forum member

Folkestone Welfare Union

Send message

Total Posts: 233

Joined: 22 April 2013

From the Brey Judgement

Furthermore, the ECJ held that nothing in Regulation 883/2004, or in the Directive, prevented a member state from making entitlement to an SNCB conditional upon the claimant having a legal right to reside (see paragraphs [39], [42] and [44]).

Brey Judgement http://curia.europa.eu/juris/document/document.jsf;jsessionid=9ea7d0f130d6086f4cc3ef8c40b689b591f11114bb56.e34KaxiLc3eQc40LaxqMbN4OaN4Oe0?text=&docid=141762&pageIndex=0&doclang=EN&mode=lst&dir;=&occ=first&part=1&cid=346957

44   The Court has consistently held that there is nothing to prevent, in principle, the granting of social security benefits to Union citizens who are not economically active being made conditional upon those citizens meeting the necessary requirements for obtaining a legal right of residence in the host Member State (see, to that effect, Case C?85/96 Martínez Sala [1998] ECR I?2691, paragraphs 61 to 63; Case C?184/99 Grzelczyk [2001] ECR I?6193, paragraphs 32 and 33; Case C?456/02 Trojani [2004] ECR I?7573, paragraphs 42 and 43; Case C?209/03 Bidar [2005] ECR I?2119, paragraph 37; and Case C?158/07 Förster [2008] ECR I?8507, paragraph 39).

Doesn’t this get round R2R plus the new HB Statutory Instrument or do I have the wrong end of the stick?

[ Edited: 13 Mar 2014 at 04:50 pm by Bryan R ]
SocSec
forum member

welfare benefits/citizens advice//ashfield

Send message

Total Posts: 277

Joined: 11 July 2013

any insight on last post most welcome,

Bryan R
forum member

Folkestone Welfare Union

Send message

Total Posts: 233

Joined: 22 April 2013

Yes see http://cpag.org.uk/content/right-reside-breytastic, this explains the position much better