17 year old European and Income Support

Hi… my client is a 17 year old Portugese whose mother has evicted him. I believe he may have Right to Reside as a family member of a qualified person – ie a direct descendant of a person who is qualified and under 21 - see CF/1863/2007. 

However, the mother herself is on Income Support and has been since 2004 without break (probably on transitional protection when the regulations changed)

Would the mother be considered as a “qualified person” ?

Just a few questions;

I presume your client is still in school? What is the nationality of the father , is he in the UK and if so, what is he doing?

Did the mother receive income support before 01/05/04? Has she done any work at all in the UK? On what basis was she getting IS (lone parent or some other reason?).

Thanks

my client has been in the UK since 2003, has left school and is not in education, gets no benefits and is being supported under the Children’s Act by Social Services pending payment of Income Support.

Mother has been on continuous Income Support since at least June 2003 because she had 4 children.

Father is unknown

I agree with Duncan - why would your client be entitled to IS anyway as he is not in relevant education anymore? In my experience sometimes Social Services advise a claim for IS when it should be JSA becuase they do not know the benefit system.

Your client should not have a problem with hardship payments, as you have to be available fir employment and training, and sign on, so would count as a jobseeker.

Thanks for the replies, but I may not have phrased the origonal question clearly.

As his mother is on Income Support, what is my 17year old clients Rifght to Reside ?