IS for Portugese JSA claimant with young son

Afternoon

I’ve a portugese client who has been claiming JSA for a year after arrivng in the UK in 2009. She hasn’t worked since arrival. She has a young son and the social services dept. has been involved because he’s been home alone why she attends the english language courses she’s been sent on by JC+.

I think she gets worker status as a work seeker and can thus claim IS as a lone parent.

Do you think I am right?

Thanks for your help

Dan

Is her son of school age yet? If he is, she has RTR by virtue of his being in education (Texeira) and can claim IS (whilst he is under 7- after which she will have to be available for work anyway). If he isn’t, it’s more complicated and on the face of it she will need to be either working or work-seeking (ie- claiming JSA). Does she have any relatives in the UK? (may have a route to RTR as a family member/extended family member in that case).