Right to reside

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    Hi everyone,
    I have an appeal against a decision to refuse HB/CTB from a lady in the following circumstance –
    Czech national, DWP decision that she does not have a right to reside, she works 5 hours per week and is entitled to child benefit, carers allowance, child tax credit and DLA care for her son.

    Originally, the decision was that for our purposes she was not a worker as her work was on such a low scale as to be regarded as purely marginal and ancillary, and the home office have refused her application to register her work. However, the rep is now arguing that even if that is so, she is self-sufficient and so a qualified person. Am I right to suggest that she is an unreasonable burden on the social assistance system and would cease to have a right to reside for our purposes? (if she ever had one)

    Any comments would be gratefully accepted.

    david kearney

    I’m assuming that Peter B has gone home.
    try searching on this site for ‘self-sufficient’ and ‘burden’ We would take the view that she is definitely not entitled as she is not self-sufficent but others may differ. She certainly doesn’t get qualifying person status as a worker unless she is registered.
    If she is being repped it would be interesting to see what tribunal makes of the issue of self-sufficiency and unreasonable burden


    Thank you David


    I would agree with David’s comments about the Tribunal’s decision.
    We are caught with some ambiguously worded legislation and guidance from the DWP re “self-sufficiency”, and here we have had numerous discussions on how to interpret this.
    When it happens – news of the tribunal decision would be very welcome.

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