A8 IS, HB and Zambrano

Hello all,

I have client who is a lone parent with one child and 7 months pregnant, currently she is not getting HB and she has been turned down for IS the reason given is she failed R2R. Client stopped work in 2008 when she had first child with british citizen didn’t claim benefit other than CTC and CB because her then partner supported them both. Clients partner left so her younger sister moved in to support my client. Client then met a new partner from slovakia who then took on the supporting role until she fell pregnant and unfortunately he has not been seen since client believes he is in London now but is not sure.

Client has been economically inactive since 2008 and only worked 2 1/2 years prior to that period, she has also not claimed any benefit other than CTC, CB although she was awarded HB and CTB when her first partner left until she made a claim for IS following advice she received, IS was turned down on R2R. HB and CTB was removed following this result, client appealed decision and this is now in limbo.

I think her case maybe treated as a look a like case for Zambrano which I believe that decision is being challenged by DWP, is there anything I am missing? Client has no family other than her younger sister in the UK and her first child is now 4 yrs old and will hopefully be going to school in september which I believe may help but I am not 100% sure. Any help would be much appreciated.

Thank you.

I’m not a RTR expert (there are many out there and I’m sure one will respond soon- am still trying to get my head around the Zambrano ramifications) but short term, I would advise your claim to claim JSA. She will have RTR as a jobseeker which will resolve the HB/CTB issue too. If she was misadvised to claim IS by DWP (it happens frequently) request backdating of her JSA claim in tandem with special payment request. I can’t see any other obvious or easy route to her having a current RTR unless she is a work seeker.

here’s a link to thread on zambrano - dwp has set out guidance (dmg memo 35/11) on staying cases with zambrano argument pending appeal against CIS/886/2008 (link to decision in thread) -

http://www.rightsnet.org.uk/forums/viewthread/1131/P15/

also link to rightsnet news story -

http://www.rightsnet.org.uk/news/story/staying-lookalikes-of-recent-upper-tribunal-right-to-reside-decision/

cheers ros

Thank you all for your assistance.