EEA National deceased leaving partner (with a residence card of a family member…) and 2 children

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  • #38667
    Maureent
    Participant

    Any advice greatly appreciated!

    HB/CTB was in payment for a Spanish claimant and his Pakistani wife holding a Residence card of a family member of an EEA National marked “Employment and Business activities allowed”. There are 2 children, holding Spanish passports, both in full time education.

    Family have been in the UK since December 2002.

    Claimant was working until September 2010 when he finished work on medical grounds – he was awarded ESA.

    Claimant died in June 2011.

    New claim received from partner. JSA has been refused due to restrictions on her passport.

    Can we pay HB/CTB?

    #109157
    Anonymous
    Guest

    Yes, for all or any of four reasons:

    – claimant lived legally in the UK for more than five years as family member of a worker and so has permanent right of residence
    – claimant is widow of worker who died while working and had worked for at least two years in host state: again permanent right of residence applies (“working” in the sense that he might still have been an employee under contract)
    – claimant’s late husband had permanent right to reside as a result of permanent incapacity onset while working in the UK, therefore so does she
    – children were in the UK while father was a worker

    Any of the above will do, I suspect almost all of them apply. DWP has got this wrong, make your own decision.

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