EEA National – Separated from Husband

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    I think i may know the answer to this but i’d like to see what others would do in this situation.

    We have a EEA National (French) who has claimed HB because she has now separated from her husband. Her husband was working and claiming child benefit for their children. She was claiming Child Tax Credit.

    She has claimed JSA because the DWP have refused Income Support until the child benefit is transferred into her name. If JSA/IB is awarded then great, not a problem but i just want to see what we would do if JSA isn’t awarded.

    She is the primary carer of children in eduction and her former partner was working so i’m happy with that.

    However, because child benefit is not in payment could we still be happy she is the primary carer? My guess is yes, if we can establish that the children do live with her.

    Also, would we need to see evidence that her former husband was working, prior to awarding HB? Again my guess is yes, because otherwise how would we know for sure? We would just be taking her word for it. Problem is the former partner has left UK and she says he may be living in France or Thailand.

    But then we have a solicitors letter that states her and her former partner are in discussions in respect of child benefit and it has been agreed that she will receive it and her former partner has arranged for the child benefit to be paid into her bank account. So that indicates that she is still in contact with him and should be able to provide evidence that he was working.

    What do you all think?



    Even if the children do not live with her, as long as you can establish the husband is still working, she still gains R2R[Until at least the divorce and maybe even after that if the conditions are satisfied] via the husband.

    As you say she, if she is the primary carer of the child/ren, and treaty rights have been established when the child/ren have been installed in the UK then she has R2R.

    From the details you have posted, all being equal, I would pay[Forget the JSA/Income Suppoort decision].

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