Can this be right?

Newly_retired

A woman from an EEA country, married to a British citizen and living in Uk for 12 years, a stay at home mum with three children including one under five, , now separated from her violent husband, is not entitled to claim Income Support or Child Tax Credits etc, as she has never worked in the Uk.

Can this be right?
As far as I can tell, the only thing she can do is to claim JSA, but that will be difficult given her childcare responsibilities. And JSA will only be paid for three months.
She would like to work but has no qualifications, but cannot afford childcare, and has no family to turn to.

Any ideas? It does not seem right that she has no right to reside, being the mother of three British children.

BigAunty

The way that I read the following article is that even British Citizens returning to the UK have to go through the Habitual Residence test. If I read it correctly, there is an expectation that benefit claimants who come from outside the UK have paid into the system in someway to claim benefits other than JSA for some, subject to conditions. Also, having children in the UK doesn't provide an automatic right to benefits unless the claimant has worked.

More info here on how it operates, it's quite lengthy. Hopefully other posters can clarify her position.

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

Womens Aid may be able to give her advice and support.

wiltsguy_2

it's sounds like the UK is stepping away from being a soft touch nowdays

Newly_retired

Whilst I fully support measures to discourage people to come to the UK simply to claim benefits, this person did not do that. she came to study, married and created a family life here.
She seems to be disadvantaged by marrying a British person who has not worked in the EEA, and by being, at his insistence, a stay-at-home mother of his children.
I can't see any regulations, apart from finding work, that help her to stay to bring up her British children here, and that seems tough, with a 2 year old child.
Thanks for the helpful replies and information

pmlindyloo

Newly_retired wrote: »

Whilst I fully support measures to discourage people to come to the UK simply to claim benefits, this person did not do that. she came to study, married and created a family life here.
She seems to be disadvantaged by marrying a British person who has not worked in the EEA, and by being, at his insistence, a stay-at-home mother of his children.
I can't see any regulations, apart from finding work, that help her to stay to bring up her British children here, and that seems tough, with a 2 year old child.
Thanks for the helpful replies and information

Not sure what you mean by this. Did they both live in the UK? Was the ex working here?

Anyway, if she has legally been living here for 5 years then she may have a permanent right of residence and so be eligible for all benefits.

https://www.citizensadvice.org.uk/wales/benefits/coming-from-abroad-and-claiming-benefits-the-habitual-residence-test/eea-nationals-and-the-habitual-residence-test/eea-nationals-other-ways-to-get-rights/you-are-an-eea-national-with-a-permanent-right-to-reside-in-the-uk/

pmduk

It's a sop to Daily Mail reading hysterics

NYM

pmduk wrote: »

It's a sop to Daily Mail reading hysterics

What is the 'sop' ?

MissMoneypenny

Newly_retired wrote: »

A woman from an EEA country, married to a British citizen and living in Uk for 12 years, a stay at home mum with three children including one under five, , now separated from her violent husband, is not entitled to claim Income Support or Child Tax Credits etc, as she has never worked in the Uk.

Can this be right?

How was she exercising her right to reside in the UK under Free Movement, during those 12 years?

Has she ever tried to claim PR from the UK? If she is granted PR in the UK then she can show that to claim benefits from the UK. If she hasn't been a qualified person under free movement for 5 years in the UK, then they won't grant her PR. Why not just apply for PR and they will let her know if she has qualified for this?

She may be able to claim she was a self sufficient qualified person for 5 years through her husband's wages to get PR, but at some point (and I don't know what year this started) self sufficient EEA citizens had to prove they have a full CSI (Comprehensive Sickness Policy) to cover their use of the NHS. They can use their own EEA countries EHIC to prove this cover.

If her husband isn't paying any maintenance, then she should contact the CSA.

merlin68

The law has changed, only workers can claim benefits. so she wouldnt get income based jsa either as would be the same as for income support.

BigAunty

To be honest, both the links provide lengthy and complex information.

For example, take this sentence - does it mean if she's received Child Tax Credits directly in the past (and it's not clear whether the lady has as domestic abusers often control all the finances) that she may continue to claim?

"The residence rules for child tax credit changed from 1 July 2014, when the 3-month rule was introduced. The rule, introduced by The Child Benefit (General) and the Tax Credits (Residence) (Amendment) Regulations 2014 (SI.No.2014/1511) does not apply to claims made (or treated as made) prior to that date."

Hopefully Womens Aid will be aware of any exemptions to the rules in the case of domestic abuse and will have benefit experts to advise. However, a quick google seemed to indicate that there was an exemption for Non-EAA residents who didn't have indefinite leave to remain. Again, that area was exceptionally complex and hard to understand so I can't be sure.

MissMoneypenny

BigAunty wrote: »

However, a quick google seemed to indicate that there was an exemption for Non-EAA residents who didn't have indefinite leave to remain. Again, that area was exceptionally complex and hard to understand so I can't be sure.

That rule is still there and it's for people who are granted a visa to the UK under UK immigration laws. It doesn't apply to EEA nationals as they are under EU laws in the UK.

If she hasn't been an EU qualified person for 5 years in the UK and achieved PR, then she has to work to get UK benefits and free NHS. Or she uses her own EEA countires EHIC to pay for the NHS. If still in an area with JSA, the she can claim JSA for 3 months. If her area is on UC then she can't claim unless she has worked in the UK. Being married to a Brit has nothing to do with an EEA citizens status in the UK.

Send off for PR and see if that is granted so she can claim full UK benefits. Either way, she will then know her status in the UK.