Next Generation PFA

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  • #38686
    Rachel Eastwood
    Participant

    Hi

    we have a 21 year old Polish lady with a 3 month old. She came to England in 2004 with her mother who has worked throughout the time that she has been here. The lady left school in 2007, did college for a year and has worked on and off but not consistently or for more than 12 months. She is currently not working and has no income as her partner has recently left her. She has claimed HB and JSA but they have been turned down.

    Any thoughts?

    #109248
    Kay_Tade
    Participant

    If she is still dependant or her mother, and the mum is still a qualified person and/or has attained permanent residency then she is fine.

    #109251
    Rachel Eastwood
    Participant

    Hi Kay, no she lives on her own now! Her former partner signed for the council tenancy, but has now left her and signed to relinquish the tenancy. The council have said she can remain until Homeless house her.

    #109252
    Kay_Tade
    Participant

    Well homeless won’t house her unless she has R2R. Where is the partner from? I think she will need to gain R23R via the partner or her mum. she doesn’t have to live with either in order to have R2R. It depends on what kind of info you have.

    #109260
    Anonymous
    Guest

    As she is only 21 now, it follows that she was about 14 when she came here. If as you say her mother worked continuously from that time, the claimant had the right to reside as a relative in the direct descending line under the age of 21 – there are no further conditions. The requirement for dependency arises only after the descendant reaches 21. Therefore by the time she was about 19 your claimant had a permanent right of residence as a child under 21 of an EEA worker (even if she had already moved out of her mum’s home). So she still has that right now.

    #109262
    Rachel Eastwood
    Participant

    The local law centre are dealing with her case and are hoping to get her permanent residence through her mother. Her former partner holds British nationality but has gone back to his parents home. Do you think we have to wait for the outcome of the R2R/nationality claim before we can pay HB?

    Thanks

    #109264
    Anonymous
    Guest

    No, because she doesn’t need a residence document to prove her status. From what you have said, there is already enough evidence to conclude that the claimant has a permanent right of residence because she spent at least five years as the child of a worker.

    #109266
    Rachel Eastwood
    Participant

    Thanks for your replies.

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