Polish tenant

sh1981

von wrote: »

She obviously passes the Habitual Residence Test because she has lived in the UK for a number of years but does she satisfy the Right to Reside in the UK for benefit purposes? Is she the primary carer of a child who is in education?

According to:
https://www.gov.uk/derivative-right-residence/eligibility

You’re an EEA national
You can also apply if you’re an EEA national and both of the following:

the primary carer of a child in the UK
not working, studying or able to support yourself independently

What she needs is a "Derivative Residence Card".
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/300541/Derivative_Residence_Card_04-14.pdf

Regarding the child being in education, no idea. I reckon he/she has to be in education (according to what I wrote earlier). I'm not sure but I think for a child very young, they dont have to be enrolled in a school per se to be classed as being in education, they can be taught at home (I'm not sure about this one).

However look, the child 'might' be british. Was the childs father 'settled'? If so then the child is british. If that is true then this holds true: She is the primary carer of a british citizen, and according to above link, that qualifies her and hence her dependants. Now I'm not too sure, but if she gets a job as a carer, then shes a carer, it doesnt say whether the person being card for is a child or not, is her own child or not, it just says British.

mickflynn39

Regarding the child being in education, no idea. I reckon he/she has to be in education (according to what I wrote earlier). I'm not sure but I think for a child very young, they dont have to be enrolled in a school per se to be classed as being in education, they can be taught at home (I'm not sure about this one).

However look, the child 'might' be british. Was the childs father 'settled'? If so then the child is british. If that is true then this holds true: She is the primary carer of a british citizen, and according to above link, that qualifies her and hence her dependants. Now I'm not too sure, but if she gets a job as a carer, then shes a carer, it doesnt say whether the person being card for is a child or not, is her own child or not, it just says British.

She has 3 children, 1 girl and 2 boys. The girl is the oldest and goes to primary school and we gave a copy of a letter proving this at the Habitual Residency Test last week. Her husband was Polish. All children were born in the UK however going from a previous post this does not make them British. The father has lived in the UK for 6 years the same as her.

mickflynn39

Hardship payments apply also for income support. If shes not looking for work, perhaps due to having children to take care of, then Income Support applies, not ESA, not JSA. Income support also has Hardship payment.

I can only find information about hardship payments related to Jobseekers Allowance. Do you have a link to a website that shows it is available for Income Support? As things stand I'm going to help her go down the Discretionary Housing Payment route.

sh1981

mickflynn39 wrote: »

She has 3 children, 1 girl and 2 boys. The girl is the oldest and goes to primary school and we gave a copy of a letter proving this at the Habitual Residency Test last week. Her husband was Polish. All children were born in the UK however going from a previous post this does not make them British. The father has lived in the UK for 6 years the same as her.

If their father has the status 'settled', then the children are british. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/299949/MN1-guide.pdf

Which means (if im not wrong), once she gets permanent residency in uk, or if her husband has it already or gets it, then by virtue of the children being born on UK soil, they will be eligible for citizenship.

sh1981

mickflynn39 wrote: »

She has 3 children, 1 girl and 2 boys. The girl is the oldest and goes to primary school and we gave a copy of a letter proving this at the Habitual Residency Test last week. Her husband was Polish. All children were born in the UK however going from a previous post this does not make them British. The father has lived in the UK for 6 years the same as her.

If any child goes to school then the derivative right applies as I stated in my earlier post.

sh1981

mickflynn39 wrote: »

I can only find information about hardship payments related to Jobseekers Allowance. Do you have a link to a website that shows it is available for Income Support? As things stand I'm going to help her go down the Discretionary Housing Payment route.

It applies to ESA at least. https://www.gov.uk/employment-support-allowance/what-youll-get
search for hardship in link above.

It should and it ought to apply for IS. However if it doesnt, go for ESA.

Anyway ESA won't apply, I think its if you have a disability.

Stick to Income Support.

Regarding your question..

Look here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/296130/dmgch35.pdf

Is the claimant or partner entitled to IS or ESA(IR)
35013 Hardship payments cannot be made if the claimant or partner
1.
is entitled to
1.1
IS
1.2
ESA(IR)
or
2.
satisfies the normal conditions of entitlement for IS (see DMG 35015)
1
or
ESA(IR) (see DMG 35018).
Note:
A person must make a claim to be entitled to IS or ESA(IR)
2
. The DM will
normally advise people who appear to be entitled to IS or ESA(IR) to claim it.
1 JSA Regs, reg 140(3); SS (Loss of Benefit) Regs, reg 5(3) & reg 11(4); 2 SS A Act 92, s 1
35014 If the claimant or partner has made a claim to IS or ESA(IR) and the DM has not
decided whether they
1.
are entitled to IS or ESA(IR)
or
2.
satisfy the normal conditions of entitlement for IS (see DMG 35015) or
ESA(IR) (see DMG 35018)
hardship payments can be made.

Rule 35014 as stated above in RED applies.

So if I'm not wrong these are the steps:

1. Apply for IS
2. Apply for derivative right to reside card
3. Ask for Hardship payment on basis of aplication for HRT and RTR and DRR card.
3. Apply for CTC and CB.
5. Get DRR card (or PR card I think its called)
6. Apply for citizenship for children.
7. Transfer to JSA
8. Get back to work.
9. Get help with childminding.
10. Apply for working tax credits.

sh1981

blondebubbles wrote: »

That is why the helplines have a translator service. All she needs to do is say the word "polish" and a translator can be provided.

I did not mean how did she manage in Poland but for the last 5 years she has been living here and claiming benefits. If she has understood how to claim for the last 5 years reporting changes, renewing claims etc then surely that will not have changed.

Had a partner who helped her. Now she doesnt. And she was working, now she isnt. Read all the OP wrote. By the by, ironcically Citizens Advice burueau only provides translation in polish on their website for 'employment' only http://www.adviceguide.org.uk/england/languages.htm

And No, its not as easy as saying 'polish' and a translator would magically appear, it would take time, and is subject to availability. It certainly is NOT the case if the person shows up physically at a CAB.