Italian National claiming/refused IS

Hi everyone, I would like a little advice on the following problem I have:

I have an Italian National who has been in the UK with her mother, father and sister since 1960.  From 1981 to 1990 client worked in Sweden with x-partner.  She then came back to the UK in 1990 and had been claiming JSA up until Jan 2010.  Client then submitted a claim for IS because she had claimed Carers Allowance due to mother’s ill health.  IS says she doesn’t have R2R however she is still receiving Housing/Council Tax benefit based on the Carers Allowance.  I have been told by DWP’s Wick office if I can provide proof that she has been in receipt of H/CTB since 2005 until now that evidence should be sufficient. (no idea which reg that is !!)

I have the evidence but now I’m worried that if H/CTB dept get wind of this they will issue her with an O/P from Jan 2010 based on the R2R.

Clients mother is now a UK national.

Help !!

hi

i think wick is taking about reg 6 of the social security (habitual residence) amendment regulations 2004 which gives transitional protection against right to reside provisions for people who have been continously in receipt of a ‘specified benefit’ (including HB and CTB) since 30 April 2004.

from what you say about your client, she should have that transitional protection and so doesn’t need to show right to reside and no overpayment of HB/CTB.

cheeers ros

Thanks very much for that, it’s a huge help !