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Forum Home  →  Discussion  →  Income support, JSA and tax credits  →  Thread

R2R, A8 citizen 18 yrs old with baby

nick nicolson
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homeless officer Southampton City Council

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Total Posts: 50

Joined: 16 June 2010

Hi… My client is 18 with a three month baby. She has been in UK for 4 years but has never worked and has always lived with her parents.

She is now a student studying her A levels at college. Her father is also A8 and probably eligible as he is working and gets Housing Benefit.

The family have now evicted her and she has applied for Income Support.

What is her R2R ? and which bit of the Immigration Regs would give her eligibility for benefits ?

She and the child are now homeless sleeping on friends floors.

If she cannot get benefits she may be asked to go back to Poland.

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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If the facts fit she could derive a right to reside to finish her education under Article 12 of EC Regulation 1612/68 on the basis of the dicta laid down in Teixeira (ECJ).

Firuj
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Birmingham City Council

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nick nicolson - 03 February 2011 01:04 PM

Hi… My client is 18 with a three month baby. She has been in UK for 4 years but has never worked and has always lived with her parents.

She is now a student studying her A levels at college. Her father is also A8 and probably eligible as he is working and gets Housing Benefit.

The family have now evicted her and she has applied for Income Support.

What is her R2R ? and which bit of the Immigration Regs would give her eligibility for benefits ?

She and the child are now homeless sleeping on friends floors.

If she cannot get benefits she may be asked to go back to Poland.

Ros
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editor, rightsnet.org.uk

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hi -

does this client not have a right to reside as family member of qualified person (her father)?

reg 14 of immigration (european economic area) regulations 2006 gives family member right to reside and reg 7 defines family member including direct descendants aged under 21.

client doesn’t have to show that is dependent on father, or has any relationship with him at all, as is under 21.

cheers ros

nick nicolson
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homeless officer Southampton City Council

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Total Posts: 50

Joined: 16 June 2010

Thanks for your replies…. situation resolved by our mediation team… all is love and happiness… until….