Customer holds Italian Passports but they have no right to reside in the UK

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  • #43898
    gmss77
    Participant

    Hi all,  I am dealing with a case of a couple with a child who hold Italian passport's.  They were previously in work and HB/CTB has been paid on this, their job has now ceased and notes on CIS state that customers have no right to reside.  Can anyone help whether or not they should now be paid?  Thanks

    #124768
    Anonymous
    Guest

    It depends on a number of things:

    – were they employed or self-employed
    – how long did they work
    – why did they stop
    – is either of them trying to find another job and oif so what are they doing about it
    – is the child at school

    #124772
    gmss77
    Participant

    Hello,

    The customer was employed by an employer, employed from 20/09/10 – present as he is now on the sick from work. Due to illness etc they are not looking for work and the child is in education.

    Thanks

    Graeme

    #124775
    Anonymous
    Guest

    In that case they should be OK for any of three reasons:

    – most likely, temporarily unable to work due to sickness, therefore retains worker status until able to work again
    – alternatively, permanently unable to work due to sickness, but has already worked for two years so now has permanent right of residence
    – and in either event, a child at school whose parent[s] previously worked needs someone to care for them and so a parent must have a right to reside for as long as the child is still at school

    They should be strongly encouraged to dispute DWP’s ESA decision as it is clearly wrong from the info you have provided.

    #124780
    gmss77
    Participant

    Thanks I appreciate it!

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