Reply To: Child Benefit for children in another EEA country

Darren Broughton


Could you not decide that their main home is still in Poland and use Reg 7 (1) and (2)?

[i:07ef07b67b]Circumstances in which a person is or is not to be treated as occupying a dwelling as his home
7. —(1) Subject to the following provisions of this regulation, a person shall be treated as occupying as his home the dwelling normally occupied as his home—

(a) by himself or, if he is a member of a family, by himself and his family; or

(b) if he is polygamously married, by himself, his partners and any child or young person for whom he or any partner of his is responsible and who is a member of that same household,

and shall not be treated as occupying any other dwelling as his home.

(2) In determining whether a dwelling is the dwelling normally occupied as a person’s home for the purpose of paragraph (1) regard shall be had to any other dwelling occupied by that person or any other person referred to in paragraph (1) whether or not that dwelling is in Great Britain.[/i:07ef07b67b]