Another right to reside one.

I have a client who is a Portuguese National who came to the UK in September 2013, he applied for ESA, housing benefit and council tax support. He was refused not a worker etc. or the family member of a worker.

He has however, been awarded the enhanced rates of both components of PIP, I’m concluding that they have used the co-ordination rules for the past residence part of the test. His wife has the option to claim Carer’s Allowance and a top up of Jobseekers Allowance which would be income based and therefore no right to housing benefit.

My question is could the wife not claim the top up of Jobseekers and get Housing benefit or would she still fall foul of the right to reside part of Habitual Residence? My gut feeling is that she would still be refused housing benefit as no right to reside but I need to make sure.

The client came to the UK with his wife when his mother died as the remainder of his family sisters/brothers and son are all here. Son is a student and not employed so can’t rely on his status.

If anyone has any suggestions they would be gratefully received. My client has Alzheimer’s and multiple organ failure and therefore is not capable of work. Wife also has some health problems but may be able to maintain a part time job.

Thanks in advance.