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ID and domestic violence
Hi
I have a client who is a Turkish national but has been married to a Dutch National and has lived in the UK for 10 years. There has been financial control DV and her husband has left her and she has no access to income or most of her paperwork. Police have been involved to get some back (passports and children’s birth certs) but there are bits missing, she does not have her original ID letter confirming the date she got permanent residence. She has 3 young children.
We have made an application for IS with our client. She has a letter from the home office regarding an application for BRP which was refused on the grounds that she already holds permanent residence of a family member of an EEA national. IS contacted me and advised that they are about to refuse the claim because they need to confirm the ID of the ex partner! (they have his NI number and name). Also stated that the letter we have provided is not good enough as it does not name the EEA worker from who she has a right to reside. She told me that without ID from the ex partner and confirmation he is still working plus the fact we need the home office document to name him they wont pay any benefit.
I understood that as she has permanent residence as a family member that it wouldn’t matter if he was currently working, have i interpreted that incorrectly?
Do they really need the letter naming him as the EEA national? At the end of the day she has a letter from the home office stating she has permanent residence.
As it stands I have convinced Income Support to give me some time before they make a decision, I have done a subject access request and fast tracked it to see if I can get a copy of the named EEA national however they may score that out for data protection purposes.
Are there any DV regulations where people have been financially controlled and don’t have their documents?
Help would be much appreciated!
Have you tried the “Kerr” argument? I.E That it is impractical/unreasonable for the claimant to be expected to provide this evidence, and in such circumstances, the DWP have a duty to obtain the evidence themselves. (Reg 4(1b) SS(C&P) Regs 1987).
[ Edited: 25 Aug 2017 at 12:29 pm by Benny Fitzpatrick ]Agree that, I think the DM you are dealing with is probably just being difficult, as there have to be various ways she should be entitled, please see some previous discussions below. The ex-partner’s name, DOB and NI shouldn’t be enough, your client shouldn’t really be put through this.
Thank you both
It seems ridiculous in the case of a controlling ex partner that they are allowing him to continue with it. will have a read through of those links and look at Kerr