Polish Ex-Pt with Children

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  • #44833
    Anonymous
    Guest

    I have a case where a couple was claiming with the claimant was working and they have two children of 17 and 2. They have been living in England since 30/07/2009 but not married. The claiamnt has now split up with his partner and left the property. The remaining partner has remained with the children and waiting for CHB and IS to go through and has applied for HB and CTB.

    They were never married and the partner (who is now the claimant) has never worked in the UK, however during the entire time living in the UK she has been living with her ex-pt who has always been a Jobseeker or Worker. The 17 year old is in full time education and she does not pass HRT on Self-Suf grounds. However would she pass HRT on any grounds of being resident for over two years and was a PT to a qualfied person or being the main responsible person for her children?

    Thanks and let me know if any other info is needed.

     

    #126621
    Kay_Tade
    Participant

    Another derivative right issue that seems like we will not pass go till the law is confirmed one way or another! One question that may help? What is the seventeen year old doing? I assume the she is not looking for work? A claim to JSA may be a better bet for her? She can’t retain something she never had so not sure about your question on the 2years? Sorry if I’m not helping that much

    #126631
    Anonymous
    Guest

    The 17 year old is in full time college doing an A level equiv qualification. Unfortunatley she is not looking for work at present and that is one part of advice I will put in if I need to deny. The two year question was just put in incase I missed something.

    #126786
    Kay_Tade
    Participant

    Well, Teixeira helps her then, till education ceases. I would warn her of the consequences of not exercising her treaty rights as r2r will end till the younger one commences education.

    #126793
    Anonymous
    Guest

    Thank you 🙂

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