PFA – A8 – couple split, right to reside, childcare resp.

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  • #34931
    craigworc
    Participant

    Husband and Wife (Polish) came into UK in 2004 and wife was working (has been for over 12 months). They split up in June and the wife has now claimed IS as she cannot work due to child care responsibilities. She has been refused IS as “inactive benefit” as DWP have treated her as not having the right to reside. We have nil assessed her claim on this basis.

    We have had an appeal from the CAB. Are we correct in our decision? They are also appealing the DWP decision and they have advised her to claim JSA.

    Thanks

    #98251
    Anonymous
    Guest

    I cannot see what grounds she would have at the moment that could lead to a successful appeal, unless she was a registered worker for 12 months, and retains worker status.
    Perhaps a note to the CAB may help, if they have evidence of this.
    If she successfully claims JSA (IB) that is a completely different matter, as if getting JSA(IB) they have the Right to Reside and are exempt from the HRT.
    Hope this helps 8)

    #98252
    Anonymous
    Guest

    There are arguments for the claimant if she has children in education and has given up work in order to care for them.

    #98253
    craigworc
    Participant

    I think we should have a board just for PFA questions 😀

    #52463
    Anonymous
    Guest

    We DO need a board just for PFA topics!

    I have a similar situation: Polish Wife just split from British Husband. She has a child and has failed the HRT when she applied for IS.

    I cannot find info on the possibility of retained family member status and therefore intend to turn her down without the right kind to Right to Reside to pass HRT.

    Would anyone disagree?

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