Right to Reside help please

HI, I am running out of ideas on this one and want to see if there would be any merit in a RtR where one of a couple has gone abroad to work.

My case concerns Romanian nationals who came to Uk in 2013 - but didnt have a worker authorisation certificate and havent done any legitimate work. There are three dependant children - who are not yet in school and two older ones; one of whom is sick and one is working in a car wash (not registered as employed, cash in hand) Dad has also done some work in a car wash on the same basis. Couple do not receive child benefit, housing benefit or child tax credit. They have lived very frugally on the little pay they get from the car wash (£30 per day I believe).

Mum has some health issues (not sure of how severe) but possible grounds for PIP but not been here long enough to claim; have no links to social security system in Uk and never really worked in Romania.

We were looking at Dad claiming jobseekers (no English and very unreliable when it comes to attending appts etc - so only till he got sanctioned for non/late attendance) but he has now decided that he will return to romania where he has a job as a plumber (not sure if this is legitimate with a contract etc).  Mum however, will stay in Uk as she wants the children to attend school and have a better life. Im thinking that she cant claim JSA as they are still a couple and he will be working more than 24 hours, and income may well exceed app amt. I dont think she would be able to comply with jobseeking agreemnt anyway. We have considered self employment - but now that the rules have changed with regard to minimum income, I think this will be a problem as I dont really think it would be genuine self employment or certainly not enough to generate £153 income.

I have thought about deriviative rights through children, but niether he nor she has been a worker in uk at any time.

My question is this could we argue that she is a family member of a worker (albeit in another EEA country? I know they couldnt get JSA but im thinking of CB and CTC (but he wont be present for CTC purposes) I dont have much experience in this area and am really flailing around trying to consider different arguements and getting nowhere fast. I would be grateful for any ideas to help this family,

many thanks

Is it possible that Mum could have a RTR as the family member of an EEA worker? (The worker being the older child who is working in the car wash - I know it is cash-in-hand work but £30 per day x 5 days per week would only be just under the minimum income threshold - as long as the work is effective and genuine it doesn’t matter that it is cash-in-hand or if it doesn’t meet the MET). 

Family members of EEA nationals can include direct dependant relatives in the ascending line (Reg. 7(1)(c), EEA Regs 2006) - it certainly sounds as though Mum is financially dependent on the car-washer if the whole family are subsisting on this income. 

If Mum is the family member of an EEA worker she will have a RTR on this basis and I believe will be access benefits/tax credits assuming she meets the other rules of entitlement.

Good luck!

thank you - worth a try anyway so will give it a go :)