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Right to reside and DV - am I missing something?
My client is an EU national (Polish) who has not worked here for about 5 years. Prior to that she did some temporary jobs for the first couple of years she lived in the UK.
She was living with a British national partner and gave up work when she became pregnant. They were not married and have never lived outside the UK together and he has not worked abroad. She now has 2 children by him, the eldest is in school but she has not worked since before this child was born. She and partner have recently separated because he was violent towards her. He is working.
Tax Credits and Child Benefit have just started paying a claim she made as a single person and she thinks this is because she told them she had been subject to DV. She is under the impression it has been through their specialist European team. Naturally she wants to know if she can get HB and IS as well.
I know there is the possibility of retained rights for family members subject to DV but I couldn’t see how this would apply in this case - as I understand it she and the kids would not count as the violent partner’s family member or extended family member because he is a British national who has not lived or worked outside of the UK so cannot confer rights to her or the children.
Am I missing something here?