Lithuanian Couple receciving stipend

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    Hi I wonder if anyone can help me.  I have a claim from a Lithuanian couple, the claim is in her name, she has never worked, but has been studying.  They have a 3 year old child and have never claimed HB and CTB before.

    They have filled in a HRT form and it seems they came here to study in 2009, do not have any other ties here, only parents back in Lithuania.

    They are claiming now as she has an illness that prevents her from working or studying and are struggling to make ends meet.  He states he is studying with a research company (who is also his Landlord – but that's another question) and receives a stipend of £16,090 per year.

    They definition of a stipend is a form of salary for an internship/apprenticeship – do you think I could treat him as a worker in genuine and effective employment?

    And…if so, he can claim but she can't – is that right?  (I'm not sure where everyone stands on swapping claimant/partner roles but I think i also need a new claim?).

    I greatly appreciate any help/advice.


    Are they married? If so the claim will be ok to remain the the female’s name.

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