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Durable relationship. Or not?

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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EEA claimants have 3 offspring, aged 21, 19 and 18. They are not married.  Dad has retained worker status and settled status (currently claims IR ESA/HB/PIP), mum only has a sketchy work history from a few years ago. Mum and dad separated 4 years ago, 3 years ago mum returned to Europe with the youngest and oldest offspring. Mum has now returned with the youngest (who has signed up for non-advanced education in Sept) and moved back in with dad. They are going to have to claim UC.

So, they have been together for 18 of the last 22 years but separated for all but a few days of the last 4 years. Both mum and dad have significant health issues and won’t be working anytime soon. Is it worth them spending £65 on a residence card so that mum can get try to get UC as an extended family member of a qualified person on the basis of a durable relationship? What do people think?

CIS/0612/2008 is the only relevant case law I can find on this and it is pretty vague.

HB Anorak
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Preliminary question: why are they going to have to claim UC?  Doesn’t Dad remain on ESA and HB, now reassessed at couple rate?  Are they a newly formed mixed age couple?

EDIT: just realised, it’s because the 18-year-old is still dependent and they cannot claim CTC, right?

Cannot help you much with durable relationship though.  Looks like it’s still worth claiming UC either way because child element slightly > (couple - single).

[ Edited: 8 Jul 2019 at 05:44 pm by HB Anorak ]
BC Welfare Rights
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Yes, the child element bit. Also, he is going to lose the SDP so can gain a bit on LCW&WRA; element. Just wondered whether it was worth a punt on the £65 or a waste of money?

[ Edited: 8 Jul 2019 at 05:54 pm by BC Welfare Rights ]
Elliot Kent
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I don’t know that you should be offering a view on whether an application would be successful in these circumstances unless you are OISC level 1. Sorry to be a stick in the mud but its one thing to advise someone whether their immigration status gives rise to benefit entitlement and its another to advise them to apply for a totally different status.

SamW
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Isn’t the UC claim going to be in the Dads name? In which case he will retain his own status and Mum will be added as a partner?

I would be keeping your advice that simple for the reason Elliot gave.

From an immediate practical benefits perspective Mum is either a partner to somebody with RtR who is the primary claimant (no need for residence card) or if they separate then she will no longer be in an enduring relationship and will be trying to establish a RtR in her own right (worth keeping in mind that if she separated and the son went with her she would not have a RtR as a carer of a workers child in education as he is over 18).

I guess the residency card could necessary if she was trying to demonstrate 5yrs RtR further down the line.

 

DebbieS
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SamW: as they are not married mum would need a residence card as an extended family member. In her own right, she has no right to reside.

SamW
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DebbieS - 09 July 2019 02:50 PM

SamW: as they are not married mum would need a residence card as an extended family member. In her own right, she has no right to reside.

Yep every day is a school day! I thought it worked the same way as with legacy benefits where you had a lead claimant (who needed RTR) and then their partner (who didn’t). But it doesn’t - with UC it seems both members of the couple need a RtR :o!

So ignore my last post everyone!!!

 

BC Welfare Rights
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Thanks. Things have moved on a bit since posting yesterday, as they do…

On the off chance, does anyone happen to know whether the Portuguese benefit known as ‘Pensão por Invalidez Relativa’ (roughly translated as Pension for Relative Disability) is exportable from Portugal to the UK? The recipient is below pensionable age.

If not, do you know where I can find a list of benefits paid in EEA countries and how they are categorised under EU Co-ordination rules? Benefits for Migrants Handbook says that invalidity benefits can be exported indefinitely and I need to know how Pensão por Invalidez Relativa is categorised?

Thank you.