Nigerian National holds family member of EEA national residence card marries another Nigerian National

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    We have a claimant who came to Britain in April 2008. She is now 24. She has a EEA residence card as a family member of an EEA national. The EEA national is her mother who she used to live with. She has took a private tenancy in 15 March 2012 but only claimed HB from November 2012 and only moved into the address in August 2012. She married a Nigerian National who moved to Britain in December 2008. They married in 2010.

    She is receiving Child Benefit and Child Tax Credits. Her partners JSA claim was made defective as he did not attend interview with DWP. Her JSA claim was made defective as she did not provide proof of her immigration status. She has told us that she is financially dependant on her mother.

    Claim was refused as she is not a worker or self-sufficient and we are dealing with appeal.

    We need to know is she still classed as a family member of EEA national if her mother is still supporting her. Does her marriage mean that she is no longer a family member or does she retain this.Is her status now dependant on her husbands nationality or vice versa although they are both Nigerian national.

    What is her status and does she qualify for HB/CTB? and how? Any help gratefully received.

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