entitlement to Income Support

jbatista

Hello all. i am writing on behalf of my step daughter, she is a Portuguese National with right to live in this country via her dad (my husband) and has lived here since April1993, she went to high school in this country, has worked full time since leaving school... no gaps in work employment, married into the army in 2009 having to give her job up in essex to move to surrey with him, claimed jobseekers allowance from sept 2009 until may 2010 when she became fully employed again, found out she was pregnant, worked until she was 32 weeks pregnant, had her son and since then has been at home until in july this year their marriage broke down, she made a claim for income support and this morning has received this reply..your not eligible to receive income support as you do not meet the requirements for the right to reside test and therefore for benefit purposes only your not considered to be habitually resident in the uk.
the regulations we used to make our decision are regulation 21aa
and regulation 6 of the immigration regulation 2006.the summary of facts that they have sent back to her do not even list all her employment which she sent off to them, and the dates they have stated are wrong too, even though she wrote it all correctly....her son is almost 3yrs old....my question is how is she going to manage with no income at all apart from the 200 a month he gives her and paying her rent? surely this decision is incorrect

TELLIT01

Request a Mandatory Reconsideration on the basis of information regarding employment. Incomplete employment information is probably the most common cause of failing HRT for IS or ESA.

BigAunty

jbatista wrote: »

Hello all. i am writing on behalf of my step daughter, she is a Portuguese National with right to live in this country via her dad (my husband) ...

Just to be clear here, she has a right to reside here as an EU national - no family connection is required.

I don't know if this will help or not, but she could consider getting a copy of her NI contribution record. See the Direct Gov website to find out how to do this.

There is no harm in her contacting her local MP - they are here to serve the public and should be made aware of the impact of this type of policy on their local resident.

jbatista wrote: »

and since then has been at home until in july this year their marriage broke down

Just to clarify, you are referring to the UK in this period? I can't tell if there were any recent periods spent overseas in your post.

jbatista

No resided here since 1993 and apart from her last holiday back in 2001 back to Portugal and also a honeymoon of 4 days in france in 2009 no other leaving the country

xylophone

http://www.turn2us.org.uk/information__resources/benefits/migrants/habitual_residence_test_hrt.aspx

In the circumstances you describe, the reply you have received makes no sense at all.

Lose no time in requesting mandatory reconsideration - it might also help to see a benefits advisor at CAB?

jbatista

She had to fill in a form for the habitual residence test... Everything which I have stated is true. I just don't understand it?

TELLIT01

Reading the OP more closely , the only thing I can see which might affect HRT for Income Support purposes would be the amount of time your daughter worked in the period leading up to her claim for IS. I believe there has to be a continuous period of employment, but I'm not sure of the parameters.

sleepless_saver

http://www.turn2us.org.uk/information__resources/benefits/migrants/habitual_residence_test_hrt.aspx#eea

Housing_Benefit_Officer

Why hasn't she claimed Child Benefit and Child Tax Credits?