EEA National with British Child - UC?
valencia19
Posts: 21 Forumite
Hi there,
My daughter was born 9 days ago and we are registering her tomorrow (her father is British) and I have the last 6 months tried to apply for UC and was denied it because I wasn't a qualified person, even though I have been here for a decade and worked, with gaps x 2 years where I went travelling, but there isnt much I can do about that at the moment.
My question is, what am I entitled to with a child? They told me at the jobcentre when i tried to claim Income Support that I couldnt because my area is 100% UC and once I have had my child, the habitual residency test will slighly differ as there is now a child involved. Does anybody know anything about this? I am not with the father anymore, so I cant go that way.
My daughter was born 9 days ago and we are registering her tomorrow (her father is British) and I have the last 6 months tried to apply for UC and was denied it because I wasn't a qualified person, even though I have been here for a decade and worked, with gaps x 2 years where I went travelling, but there isnt much I can do about that at the moment.
My question is, what am I entitled to with a child? They told me at the jobcentre when i tried to claim Income Support that I couldnt because my area is 100% UC and once I have had my child, the habitual residency test will slighly differ as there is now a child involved. Does anybody know anything about this? I am not with the father anymore, so I cant go that way.
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Comments
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Child benefits and child support from the father.
There is no benefit that qualifies you just because you have a British child.0 -
Hi. Whilst I cant answer the question 100%, you must claim everything you can. Please can someone give better advice than me. I am stuck as I voted to stay Europe and now I switched off.0
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If you have worked (or were on jobseekers) for 5 continuous years, that gives you permanent right of residence enabling you to claim UC.
If you were working prior to taking maternity leave, you may have retained 'worker status' and may be able to claim UC for a period.
If you start part-time work you may be able to claim UC.
https://www.citizensadvice.org.uk/benefits/coming-from-abroad-and-claiming-benefits-the-habitual-residence-test/eea-nationals-and-the-habitual-residence-test/
As you can see the RtR and HR rules around UC are very complex.
I would suggest you chart out your employment history since arriving in the UK, gather together all evidence of employment and dates (P60, P45, wage slips, NI record, etc) and get an appointment with a benefit specialist at your local advice centre / CAB.Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.0 -
valencia19 wrote: »with gaps x 2 years where I went travelling,
were these gaps in the last 5 years?0 -
i was working 4 years and left for a year and came back and worked again for 3 years and had another year abroad, came back worked 1-2 years and got pregnant, now cant get any help in return for all the ni contributions i paid over the years.... :T0
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Universal credit has nothing to do with NI Contributions. It's a means tested benefit.valencia19 wrote: »i was working 4 years and left for a year and came back and worked again for 3 years and had another year abroad, came back worked 1-2 years and got pregnant, now cant get any help in return for all the ni contributions i paid over the years.... :T0 -
"worked 1-2 years and got pregnant"
If you were working prior to taking maternity leave, you may have retained 'worker status' and may be able to claim UC for a period.
Worker status can be retained for 52 weeks if you left work in the late stages of pregnancy. Retaining worker status will enable you to claim UC.
Do get an appointment with a benefit specialist at your local advice centre / CAB, with details of when you left work and the due date of your baby.
Edit: Thanks to OhWow, I can add more info on retaining worker status following pregnancy:
"In the Court of Justice of the European Union (CJEU) case of Jessy Saint–Prix vs Secretary of State for Work and Pensions C-507/12, the CJEU clarified that an EEA national who becomes temporarily unable to remain in employment in the late stages of pregnancy, can retain their worker status and their right of residence in the UK.
This only applies to people in employment. The Saint-Prix judgment does not apply to self-employed people.
This is provided the EEA national returns to their previous employment or finds another job within a reasonable period (the Upper Tribunal says up to 52 weeks). Seeking work in this context is seeking work as a retained worker, rather than a jobseeker."
Could this apply to you?
Have you read my earlier post?
Did you follow and read the link I supplied?
Have you contacted your local advice centre for an appointment?Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.0 -
Can you claim anything from the government of your original country?
I don’t think that just because you have a child gives you automatic entitlement.
I think they changed the rules around that a long time ago, possibly during the Major years.Be happy, it's the greatest wealth
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Have you looked into maternity allowance? Not sure of the rules on it, but you may be entitled into it depending on when you were working.
You seem to need to have been working at least 26 weeks in this job between 23 July 2017 and 27 October 2018?0 -
Claim from the Father or the country you came from Why do you think now you have a child its benefits free fall0
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