A8 Cohabitees

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  • #35426
    chineseadviser2
    Participant

    Claimand has been claimant as a single parent. she is a polish national who came to UK on the 11/08/2008 and started employment on the 25/08/2008 which was registered within one month of that date.

    HB/CTB have been in payment since Sep 2008 as the claimant met the criteria of a A8 worker.

    However, we have recently received a claim from the claimant stating that a partner, an A8 national in employment, has moved in with her on the 12/05/2009 and that she gave up her job two weeks after her partner’s moved-in date.

    Am I correct to refuse her claim on the basis that she, the claimant, does not have a right to reside for HB/CTB purposes because she is no longer in registered employment and that she cannot derive a right to reside from her partner because the defintion of a spouse Article 2 of Directive 2004/38/EC deos not cover cohabitees?

    Any advice will be much appreciated. Thanks

    #99313
    Kay_Tade
    Participant

    Spouse in the EEA regs is defined as : spouse” does not include a party to a marriage of convenience”

    Spouse is not defined in the EU reg, so no help to you (Or the claimant onthat count) I think the partner will have to be a registered worker (And then be the claimant) or has to be a “family member” as defined by the regs for there to be benefit entitlement.

    #53686
    chineseadviser2
    Participant

    Thanks for your reply chacha

    do you know of any commissioner case where it was held that a co-habitee cannot derive right to reside from a partner who is a qualfied person.

    #53687
    Kay_Tade
    Participant

    [quote:df1ccb9679=”chineseadviser2″]do you know of any commissioner case where it was held that a co-habitee cannot derive right to reside from a partner who is a qualfied person.[/quote:df1ccb9679]

    Sorry No I Don’t….. 🙁

    You may want to try the HBINFO library or

    http://www.osscsc.gov.uk/Aspx/view.aspx?id=2615

    #99314
    Andy Thurman
    Keymaster

    As the A8 partner is working (I assume legally) and everything seems to have been reported more or less “on time”, I would end the award inviting a claim form the partner (asap! Ring them & ask if they want to claim 😉 ) & lean strongly towards a backdate to cover any gap.

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