EEA – Italian (Residency permit)?

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 7 posts - 1 through 7 (of 7 total)
  • Author
    Posts
  • #43764
    j_duncan
    Participant

    Hi

    We have a claim from an EEA Italian who is a Director of a company.

     

    He has applied for HB/CTB.  We have asked for proof of medical insurance but he states he doesn't need this as he has a residence document issued by UKBA at Liverpool.

    I have only seen two residency cards, are they new? 

    Claimant also states he goes home to Italy every weekend where his wife and children live.

    My questions are:-

    a) Is the claimant right, does he not need to have medical insurance if he has a residency document.

    b) We do not think he is habitually resident as he only stays here five days a week. 

     

    Do you think we should pay?

    #124388
    Anonymous
    Inactive

    Why are you asking for medical insurance? Would he only qualify under self-sufficiency, and not as a worker?

    #124389
    j_duncan
    Participant

    He is a director of a cleaning company and has a low income. However, if we do deem him self sufficient doesn’t he need comprehensive medical insurance as well. I thought that was a must for EEA’s. Or have I just toally lost the plot?

    #124391
    Anonymous
    Inactive

    Well, if you are satisfied he satisfies the “worker” criteria, i.e. that he is in “effective and genuine” employment, then there is no need for medical insurance.

    As far as residence cards go, see this link: http://www.immigrationboards.com/viewtopic.php?t=82825. They don’t really count for much, though apart from occasionally helping with family member scenarios.

    If they satisfy the “worker” criteria then i don’t think the HRT applies.

    #124394
    j_duncan
    Participant

    I am thinking that the fact he is travelling too and from Italy every week proves that the uk is not his main residence, therefore, I can not consider HB/CTB.

    Can I refuse on this?

    #124395
    Anonymous
    Inactive

    Before considering the HRT you need to determine whether the claimant satisifies the right to reside test. If he does, then you don’t need to consider the HRT.

    #124397
    Kay_Tade
    Participant

    [quote=j_duncan]I am thinking that the fact he is travelling too and from Italy every week proves that the uk is not his main residence, therefore, I can not consider HB/CTB.[/quote]

    You have a point there, but I don’t think it’s a case of refusing benefit based on R2R, he, clearly, has a right of residence in the UK. His problem is HBR 21.

    The property in the UK he wants to claim HB on, is not his normal home, so no HB, R2R or not [It’s not an issue].

Viewing 7 posts - 1 through 7 (of 7 total)
  • You must be logged in to reply to this topic.