Right to reside as dependent family member

Client, EEA national, after checking all relevant info appears to have right to reside as the dependent parent of a working adult child and this is their only route to qualification for UC. If client claims UC would they therefore be deemed no longer dependent upon the working child? If so, do we continually bounce between having a right to reside as dependent parent & then no right to reside once awarded UC? Anybody come across this and is there a way through?

They will have a right to reside for as long as there son/daughter retains their qualifying person status. See page 1580 of CPAG Welfare Benefits and Tax Credits Handbook 2019/2020.

Jim

See paragraphs 16 to 24 of Lebon which looks at this exact problem.  The rather wishy-washy outcome is that the person does not need to be wholly or substantially reliant on their EU relative - if they have access to other resources, such as their own benefit award, that isn’t fatal.  But there must be a factual judgement as to whether the EU relative does indeed continue to provide some support.

Thank you so much. This gives me a very useful reference point.