HB/CTB Entitlement vs IS Right to Reside

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    All advice and suggestions welcomed here ;

    main question is – does a DWP Right to Reside decision overide all HB/CTB determinations ?

    this is the scenario ;

    clt.is a lone parent ; Dutch national ; came to Britain in April 2005 ;
    clt.started full-time work August 2005 ;

    January 2007 – claim for HB/CTB received ; claim put into payment based on earnings + tax credit ;
    30/08/07 – clt.loses job due to company going into liquidation ; clt.claims IS
    18/09/07 – clt.finds new full-time job

    HB/CTB claim is continuous ;

    – up to 30/08/07 – based on earnings at old job
    – 31/08/07 – 17/09/07 – based on tax credits + child benefit
    – from 18/09/07 – based on new earnings

    No problem !

    however, clt.has now provided us with the outcome of her IS claim, in the form of an official letter from the EU Decision Making + Appeal Unit ;

    IS claim has been refused as she no longer has the right to reside in the UK (from 31/08/07) + is consequently not habitually resident in the UK !!

    I’m aware that not having the right to reside precludes clt.from receiving HB/CTB

    Does this DWP decision mean that I have no option other than to cancel HB/CTB from 31/08/07 – 17/09/07 + then send a new claim form for clt.to complete (as she becomes eligible again !) ;

    please help, as it all seems a bit unfair……


    You’re not bound by the DWP decision – but for your claimant to retain worker status while she was involuntarily unemployed she would have to have been registered as a job-seeker. If she had claimed JSA she would have passed the DWP HRT, but as she claimed IS (probably at the DWP’s suggestion) she did not retain worker status.

    Having said that, CH/3314/2005 indicates that a person claiming Income Support as a single parent can retain worker status – seems very similar to your case – probably worth a read.

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