EEA full-time student,

Just trying to work out the specifics of UC eligibility for an EEA national who is a full-time student.

Client aged 18-20. Full-time student (21 hrs) on non-advanced course. Works 20 hrs per wk in term time, 40 hrs per wk outside term time. Pays NI. EEA national, in UK for 3 yrs. Parents also in UK. Client lived with them until around 1 month ago. Asked (by parents) to move out so parents can save money they intend to use to move back to home state.

In relation to the EEA national issue, I think client does have a right to reside as either a student or a worker. Client has health insurance and works part-time, so would only be eligible for £200 per month benefits during term time and none during holidays, and would stop claim when course ends next summer. So I think there’s an argument that client is not an unreasonable burden on welfare system. Alternatively, client is a worker doing “genuine and effective work” - only contracted 8 hours, but actually working at least 20, paying NI, continuous for 7 months.

In relation to full-time student issue, difficulty may be in arguing that client lacks parental support. Parents are still in UK, mother signed some paperwork for tenancy (unclear what, not joint tenant so possibly guarantor?) and may still be paying client’s health insurance (they were definitely paying until moved out, client unsure if they are still paying). Possibly will get easier if parents leave UK, but CPAG book refers to parents who are not allowed to enter the UK.

Any thoughts?