right to reside

Clutching at a few straws here, but here goes :

Client is from Lithuania. Has a 2 year old child born in UK but the child has Lithuanian passport. She has been claiming carers allowance as she has been in UK 3 and 1/2 years so passed residence test for that particular benefit. She has done no effective work due to caring responsibilities. .

She has moved in with her Lithuanian partner who has lived in UK 7 years to help care for him.
Due to change of circs his ESA/HB stopped and he had to claim UC.
UC wont include her on his award as she has no right to reside for UC purposes.

She wants to appeal this but I’m struggling to see merit

Any advice would be appreciated.

Unless they are married, she will need a residence card.

There is a very recent UT decision which rejects some more speculative/innovative arguments about chain rights of residence: this person is that person’s family member, so I in turn count as this person’s primary carer sort of thing.

Important point I forgot to add…..

The lady is already married to a man in Lithuania. She has had a child with her current partner and is unable to return to Lithuania as her friends and family out there have shunned her for cheating on her husband and allowing another man to father her child…...
Nothing is ever easy!

Ah well, in that case her only shot seems to be an unmarried partner and as the UT case I linked to reminds us her right to reside in that capacity relies on having a residence card.

Why did his ESA and HB stop if it was only a change of circumstances?

She was claiming Carer’s Allowance therefore her partner would not have been entitled to a SDP in his ESA or HB in the month before the change therefore no new claim for Child Tax Credit can be made.