A8 dependant

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    mmathers
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    I hope you can assit me with the following senario as I am at a complete loss with this case !

    A Polish national aged 32 & her partner came here as part of an extended family to a A8 national, who was working here & held a worker registration certificate. (Clmts mother).
    They arrived in the UK in 2007 and took up a tenancy on the 04/10/2008. (I am unsure where they lived previously – possibly with the mother ?)
    It has been confirmed that neither clmt nor partner hold a worker registration certificate or a registration certificate (to prove self-suffiency) and did not come to the UK under these basis. They came as an extended family member.

    My claimant is not self suffcient but is materially dependant upon her mother, even though she does not live with her. When looking at the regs I have applied the unreasonable burden rules and determined that as her mother is now unable to support her, no council tax has been paid (except for a very small amount). I am unsure if they are in arrears with their rent. (no previous claim for HB/CTB).

    Their support worker has confirmed that the mother has now become in debt from trying to support them and can no longer continue to do so.
    Clmt is in reciept of CTC & partner has DLA. They have been refused I/S.
    I have looked up the definaition of extended family under the EEA Regs 2006 reg 8(2) which shows as follows:

    The condition is that they are “dependent upon (the qualified person)” or “a member of the household”. There is no requirement in law for the extended family member to live with the qualified person and be dependent upon them. It has been shown that dependency can exist when the family member is living in another country.
    What I am trying to establish is whether this person & her partner are eligble to claim HB/CTB under these rules …?

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