Breakdown of relationship

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  • #45925
    walmslm
    Participant

    Any hints how this claim can be paid if at all?

    Mr and Mrs from Poland, Mr claims HB as working.  Couple split up, Mrs, who is not working, makes claim for HB.  They have children but they are under school age.  They where never married.  Been in Uk less than 5 years. 

    I don't think Mrs is entitled to benefit, anybody else think otherwise?

    #129394
    Anonymous
    Guest

    No, not if they weren’t married. There is an extremely tenuous argument that goes like this:

    – the children have the right to reside because they are the children aged under 21 of a worker who is still a worker in the UK
    – they cannot exercise that right without a primary carer
    – therefore the mother who is for the time being the primary carer must be afforded a right to reside as well a la Baumbast, Chen etc

    I think the fly in that particular ointment is the fact that the dad is still here so what’s stopping him from giving effect to the children’s right to reside and looking after them himself?

    #129511
    Kay_Tade
    Participant

    Tenuous it is! I would ask what happens if he decides he does not want to be the primary carer of the kids? I don’t think the fly in the ointment will fly. (Pardon the pun) 🙂

    The kids still need a carer! He is a worker, ergo kids have r2r, I dint think it’s simplistic but it will be the only way she has r2r and I would be exploring that line.

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