Transitional protection from the right to reside requirement

I originally thought this was going to be a straightforward case of transitional protection after Housing Benefit confirmed verbally there were no breaks in claim, but today I’ve had a letter saying ‘continuous’ receipt of Housing Benefit from 09 April 2002 except for a week in 2001 because the (ex) partner swapped over as the claimant for a week!

I know even a day’s break is fatal so I am looking to see what earnings replacement benefit she/they had during the gap.  Would she have to be the claimant, or is it enough for her to have been included as the partner in her husband’s claim?

I have a bad feeling he was claiming IBJSA for them both (not a joint claim as she was responsible for children).

Thanks in advance

I know this was a particularly dry request with a very uninteresting subject line but anyone? All/any advice gratefully received. Thank you!

Don’t you only need continuous entitlement back to 30th April 2004? Is “2001” a typo?

http://www.legislation.gov.uk/cy/uksi/2004/1232/made

Sorry yes - a very unhelpful typo! The week’s break in HB entitlement was 2011, not 2001, so still a problem sadly.

CIS/352/2008 doesn’t look good for your client.
https://www.rightsnet.org.uk/welfare-rights/caselaw/item/Person-from-abroad-transitional-protection-on-the-basis-of-claimants-partne