× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Residence issues  →  Thread

Lone Parent - Derivative Right as Carer of Child

J.Mckendrick
forum member

Welfare Benefits Team - Phoenix & Norcas

Send message

Total Posts: 279

Joined: 16 March 2012

After the raft of EU case law, a lone parent can receive a derivative right to have a RTR due to child’s education right. What can the lone parent claim during this period ie I believe housing benefit is ok but IS is not, She/he has already claimed the 3 months worth of JSA so is the only thing available CB and CTC?

Elliot Kent
forum member

Shelter

Send message

Total Posts: 3117

Joined: 14 July 2014

Where a child has an EEA national parent and was living in the UK at a time when that parent was in work in the UK, that child is entitled to live in the UK and access education. The ECJ then says that the primary carer of a child exercising that right must also have a right to reside, in order to give practical effect to the child’s right.

If this applies to your client, then they should just be advised to claim whatever benefits would be appropriate for them if they were a British citizen.  Probably IS/JSA + CTC, ChB, HB & CTR or UC, CTR & ChB.

The general position when claiming a benefit with a right to reside requirement is that any right to reside will do. There are a couple of exceptions. One of those is that an EEA jobseeker - that is someone who has arrived in the UK to look for work but has no existing connection to the labour market and no alternative right to reside - is entitled to a sort of “probationary” right to reside which is only sufficient to claim JSA and/or ChB. That will normally last 3 months. If the claimant has some alternative right to reside (as you appear to be suggesting is the case here), then there is no 3 month limit.

[ Edited: 23 Sep 2018 at 10:02 pm by Elliot Kent ]
Martin Williams
forum member

Welfare rights advisor - CPAG, London

Send message

Total Posts: 769

Joined: 16 June 2010

This is a worthwhile point- there are only very limited situations in which a specific type of right to reside will not be a good enough type to be awarded a certain benefit.

These are all dealt with at pages 117 to 120 of the Benefits for Migrants Handbook current edition.

The only excluded rights of residence (ie rights which are not sufficient to obtain the benefit) are:

1. For irESA, PC, HB and UC:
a) three month initial right.
b) Zambrano type right.
c) Jobseeker right
d) family member of someone with (a) or (c) only.

2. For ibJSA:
Same list as above but a jobseeker/family member right is sufficient.

3. For CB and CTC:
Zambrano type right only is excluded.

Sorry to plug the book but it does set that out quite clearly.