EEA National resident for 15 yrs subject to HRT and failing to qualify for UC

I just want to double check I have this correct. We have a client who was brought to the UK at the age of 9. Parents worked so she has completed 5 years derived residence and thus has a permanent right of residence.

But not for UC purposes it would appear!

The UC regs 9(1) state that unless she has permanent R2R under reg 15(1) (c), (d) or (e) of the EEA Regs she must satisfy the HRT.

The regs they are referring to don’t cover her as she has gained permanent R2R under 15(1)(f).

She has then been subjected to the HRT and failed so been advised she is not entitled to UC.

Her child is 2yo and she does not intend to look for work. Her partner with whom she lives with is claiming UC but she has been excluded from the claim due to failing the HRT.

So she is basically going to have to satisfy the HRT by looking for work and accepting a claimant commitment to that effect.

Well there is an awful lot of this which is wrong.

Your client appears to have a permanent right to reside under Regulation 15(1)(a) of the EEA Regulations because she spent 5 years as a qualifying person - a family member of a worker - per Reg 7(1)(b)(i).

Your client does not appear to have a permanent right to reside under Regulation 15(1)(f) of the EEA Regulations because that covers the situation of a “family member who has retained the right of residence” as defined in Regulation 10.

The effect of Regulation 9(4) of the UC Regs is effectively to identify a number of groups who are not subject to the requirement to be “habitually resident in fact”. It does not provide an exhaustive list of people who have a right to reside. Any right to reside recognised by law will suffice except for those excluded by Regulation 9(3).

However your client is unlikely to have any trouble at all establishing habitual residence in fact if she has been living here for 15 years.

It is not open to your client to access UC by simply declaring herself to be a jobseeker - because jobseekers are excluded from UC by Reg 9(3)(aa).

Get an MR in.

(4)We’ve already got an MR in and also advised her to apply again in the meantime.

It just seems strange that 15(1)(a) - and other sub paragraphs - are specifically excluded from 9(4)