Portugese National

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    Hi, I have a query about a Portugese National and its a bit complicated as I’m unsure whethere she has attained the permanent right of residence yet…..

    She was born in 1986 and came to the United Kingdom with her mother in 1997. She attended full time education up to 2004.

    The customer has been on JSA IB on and off from Jan 2005 to May 07 (there are a number of breaks in the claim, one of 3 months).

    She signed off to start work. She then claimed JSA from Jan 08 to May 08, she became pregnant and was awarded IS from May 08 to June 08.

    My claimant then stopped Income Support to work. She has claimed IS again in March 2009, but this has been refused on basis that she did not have the Right to Reside. She has worjked sporadically since then, and claimed and was awarded JSA in June 2009.

    Her JSA claim has ended as she has become a full time student. She does not hold comprehensive medical insurance.

    Can I award HB/CTB on the basis of a permanent right to reside? I understand that she retains her status when in receipt of JSA IB (I think this was probably an incorrect decison to award by the Job Centre….) but if there were gaps in her JSA or employment does this start the clock again so to speak, or do the periods add up to 5 years? Also, does the period she was a dependant of an EEA National count?

    Any advice would be gratefully received….

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