Polish claimant: separated partner query

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    We have a Polish couple who moved to the UK together within the last 2 years. He is a worker (although we have seen no registration details as they did not claim benefit successfully whilst they were together), she is not a worker. They have a very young baby.
    However, she has recently made a HB claim in her own right from a Refuge with their child.
    She is not married to her former partner. He is receiving the Child Benefit. The tax credits seem to be in her name and she lived off this whilst in the Refuge.
    As I understand it, EC directive 2004/38 states that family members include separated or divorced spouses / civil partners.
    My query is that as she was not married to him can she be classed as a family member?
    If she can still be classed as a family member, I assume this means that as long as we can be satisfied that her partner remained a worker throughout her time in the Refuge she is not a PFA? (Presumably we would need to see the appropriate docs in support of this?)
    If she is not classed as a family member, where does this leave her re entitlement to HB?
    They have since reconciled, so the HB claim is only for a relatively brief period of time whilst they were apart.


    from reading up on some guidance notes my understanding is that unmarried partners who seperate are not considered family members so your claimant would not retain their estranged partners workers status.

    As she is not considered a worker I would assume she loses her right to reside so would not be eligible for benefits for the period when living apart.


    thanks for that

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