Right to reside

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  • #35021
    Anonymous
    Guest

    My apologies to those of you who deal regularly with PFA’s, as this is probably something that I’m sure we should be clear about by now.

    I have a Portuguese claimant who has resided in the UK continuously since 2001. She is now out of work and has tried to claim IS (not sure if this is on the grounds of sickness or lone parent) She has been told verbally by DWP that she has been excluded from IS.
    Initially we had thought that she may be exempt from the HRT because she has been resident for more than 5 years, but having spent a very long time today reading further I see that Article 6 the EC Directive 2004/38 may exclude her from claiming as she is not economically active and has not retained worker status.
    Am I on the right track with this, or is there some other reason why she would ➡ ➡ not qualify?

    #98437
    Anonymous
    Guest

    If she has been here continually (and legally) since 2001 (over 5 years) does she not now have a permanent right to reside and therefore is not subject to the HRT? 8)

    #98438
    Kevin D
    Participant

    I know nothing about PFAs, but I wonder if the recent “Abdirahman” case is of any relevance.

    #98439
    andyrichards
    Participant

    Jon’s right if the person has been here legally all that time, as well as “continually”. I put that in quotes as breaks in continuity can be ignored if they occur for certain reasons (eg compulsory military service, training, pregnancy) and do not exceed certain lengths.

    If the person has acquired the right of permanent residence then DWP is wrong (incredible I know), though maybe they have not looked into all the circumstances yet.

    #98440
    Anonymous
    Guest

    Thanks for this everyone. I had another read through last night and could see that the 5 year rule would override everything. I think I was looking for something that did not exist – Silly me, I thought that the DWP officers who are experts in PFA would know better than me! 😆

    #98441
    Stalbansbenefits
    Participant

    The DWP will not accept that an EEA National had resided here for over 5 years unless they have successfully applied for a ‘permanent residence card’ from the Home Office.

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