MOROCCAN PFA

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  • #34885
    Anonymous
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    Please can anyone help me?

    I have received an appeal from a Moroccan national against the refusal of her HB/CTB claim. She is quoting The Social Security (Immigration and Asylum) Consequential Amendment Regulations 2000 and The Immigration and Asylum Act 1999 on the basis that Morocco is a state with which the EU has made an agreement relating to equal treatment of workers in the field of Social Security.

    However, having had a quick read through it would appear that Moroccan nationals only have exemption from Immigration control exclusion for the purpose of claiming Child Tax Credit and Child Benefit. As far as I can see she is excluded fron HB/CTB because Morocco is not one of the EEA16, A2 or A8, ESCMA states.

    Please confirm whether or not my interpretation is correct. Every time I think I have one PFA scenario sussed I get an appeal on something different and I have no one else to ask coz I’m the ‘expert’!! Ha ha!!!!!

    Thanks,

    Cathy

    #98076
    Anonymous
    Guest

    Hi, Cathy,

    You haven’t told us if this lady is subject to Immigration Control. If she’s not, you will need to apply both stages of the Habitual Residence Test ie does she have a right to Reside for HB/CTB purposes, and if so, is she habitually resident? If she is subject to Immigration Control, she’s excluded from HB/CTB unless she falls into one of the four fairly narrow groups that are given exemption.

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