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Forum Home  →  Discussion  →  Covid-19 issues  →  Thread

EEA ,domestic abuse and UC

raissa
forum member

Newcastle Law centre

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Total Posts: 33

Joined: 4 March 2020

Please i have a client who is an EEA national. she has lived in this country from 2013 to 2015.Moved to her home country with her husband for 2years.Came back in in October 2017.
Recently, there has been some incidence and she wish to leave the marriage. She hasn’t work in this country and they are currently in receipt on UC as a couple. Her husband was the main applicant.
Is there any grounds for her to claim UC as a victim of domestic abuse?
Could DWP waive the HRT in her case given the fact that she is fleeing violence.

Elliot Kent
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Shelter

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Total Posts: 3117

Joined: 14 July 2014

You are probably going to want to start with the husband - what is his nationality and history? A spouse can generally use whatever EU rights the other spouse has and therefore if the husband is (for example) a worker, your client can claim UC on the basis of being a worker’s spouse. It is irrelevant that they appear to have separated and that they are living apart.