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Forum Home  →  Discussion  →  Housing costs  →  Thread

Right to reside of pregnant EEA national for H/CTB

Rebecca
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Welfare Rights Team - London Borough of Camden

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Total Posts: 6

Joined: 21 June 2010

This query is about whether an EEA national has/retains the right to reside while she is pregnant, for H/CTB.

The claimant is a single mother with an 8-year old daughter at primary school. She has done registered work since November 2008 without a break (although it is a term-time only job, she has remained in contract of employment between then and July 2010).

She is now pregnant (due December 2010) and has left her job because it involves lifting and her doctor has advised her she cannot do this job. She has signed on for jobseeker’s allowance and is awaiting a decision, she is happy sign on/work during her pregnancy. I assume that as long as she is signing on, she is a workseeker and retains right to reside.

The issue will relate to when she cannot sign on for JSA because of her pregnancy (11 or 6 weeks before expected date of birth?). She should qualify for maternity allowance. However my understanding is that as long as she is not looking for work, she does not have the right to reside for housing/council tax benefit.

Is she someone who could benefit from the recent decisions (Ibrahim and Texeira) that state that someone retains the right to reside if they are an EEA national primary carer of a child in general education, as long as they have resided and worked in the UK? As all of these conditions seem to be satisfied in this case, would this means that the client can retain the right to reside for H/CTB, and even income support, even if they are not a worker or workseeker currently?

Some guidance on whether I have interepreted this correctly would be great!

Many thanks,
Josh

Martin Williams
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Welfare rights advisor - CPAG, London

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Joined: 16 June 2010

Josh-

I think on the facts you describe then the client can definitely benefit from Teixeira.

The DWP have a view that an A8 national who has not completed 12 months in registered work cannot so benefit but this is currently before the UT. However, on the fact you state then even that is not a problem for this client.

Martin.

Rebecca
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Welfare Rights Team - London Borough of Camden

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Total Posts: 6

Joined: 21 June 2010

Thanks for your help.

Regards,
Josh