CHB and right to reside

Hi,

I have a client who is a French National. She moved to the UK in 2012.

She has worked for short periods (2012 she worked for 2 months and then again from August 2014 t March 2015). She started a claim for ESA in March 2015 as she was pregnant and not able to work because of problems with the pregnancy.

When her child was born in August 2015, she applied for CHB but this has been refused as she is deemed not to have a right to reside. I have already queried on this forum about her having a Saint-Prix argument to claim IS, but would this argument also allow her to claim CHB?

Yes is the simple answer.

The more detailed answer is that an EEA national can claim CB provided they have any right to reside under EU/UK law, other than a ‘Zambrano’ right (subject to current application to appeal to the SC). Technically the requirement is that the claimant is ordinarily resident for CB but you are not treated as ordinarily resident unless you have a right to reside - see reg 23(4) CB(General) Regs 2006 and p1558 of our main handbook.

Just further to this, the client actually provided me with some incorrect information She did not give up work because of her pregnancy. She gave up work approx 12 months before baby was born. She claims that she was job seeking for the period August 2014-March 2015 but the DWP have no record or evidence of that. In March 2015 she claimed ESA on the basis that she couldn’t work because of her pregnancy. Baby born August 2015.

She has in past failed the GPOW test and so it seems that she has lost her right to reside as a jobseeker. She claims to have family in the UK but is very vague about it and cant tell me anything more.

So Saint-Prix doesn’t apply, and im not sure that there is any other route that we can take, other than to get her to work, and get her a new claim for CHB when she is a worker.

Hi Everyone
I apologise for cross referencing but I have ‘nearly similar’ case as mentioned in this thread.

My client is Italian national - married and has a child (both wife and child Italian nationals) - have been in the UK 4 years plus - he works as self employed roughly 25 hours a week - while the wife is studying for osteopath as her Italian degree is not recognized in the UK; furthermore, the wife flights back once a month for 4 days to work in Italy .
They do not to pay for child care at the moment.
They are asking whether they can be entitled to CHB?

- As client is self employed ( he is qualified person) he may be entitled providing income is not higher £50.000 and provide the work is genuine and ;
- Wife can have derivative rights from the client as he is self employed and as is exercising treaty rights- but will the 4 days break (i.e. working in Italy for 4 days)  will affect their application in any way? or working in another EEA country still will give rights to their treaty rights to be exercised in the UK?

Many thanks in advance for your help!