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Where have her children been living before they came to to the UK on 2018? Has she looked to see if that country will continue to pay benefits for them in the UK?
Thank you for your answer. My question was more about how she can be classified as not living in the UK if she's actually living here. This rule did not apply to the old system of benefits. According to that, when an EU citizen would lose their job, they could register at the Jobcentre and get JSA for 6 months. Now it seems that this lady is unable to get the same level of help until the childcare gets sorted?JB007 wrote: ↑Mon Jan 21, 2019 11:58 amWhere have her children been living before they came to to the UK on 2018? Has she looked to see if that country will continue to pay benefits for them in the UK?
She can work, and in the UK she is expected to work when her youngest child is age 1 if she cannot afford to keep her children and needs benefits.
With her youngest at age 3, even on UC UC she will have to go for work experience with a company, go to the job centre when told to to ensure she is looking for work and go to the work providers where they where they will help her look for work and send her on training courses.
Once working, she will might be able to claim some of her childcare costs back from the UK.
If her partner wants to keep her and her children, then there is no need for her to do the aboove.
How about that:
Will I need to look for work to receive Universal Credit?
This will depend on your circumstances.
If you have a child who is under the age of three, you won’t have to find a job, but you will have to prepare for work, which means having regular meetings at the Jobcentre, and possibly doing some training
https://www.gingerbread.org.uk/informat ... al-credit/
She cannot decide not to work and ask the taxpayers to keep her and her children once her youngest child is age 1.Cleo22 wrote: ↑Mon Jan 21, 2019 9:10 pmHow about that:Will I need to look for work to receive Universal Credit?
This will depend on your circumstances.
If you have a child who is under the age of three, you won’t have to find a job, but you will have to prepare for work, which means having regular meetings at the Jobcentre, and possibly doing some training
https://www.gingerbread.org.uk/informat ... al-credit/
It did, but they never checked before whether they had a right to have UK benefits- and now they do. Even those on benefits on ILR are now being asked to prove their ILR is valid.
But she isn't jobseeking.
Giving up a job and then asking for jobseekers benefits often won't work either, as these can have a sanction for doing that. She could have worked, but chose not to.
With a partner it is a joint claim and if agreed they was entitled to income based benefits from the UK, the requirerment for her to work would still be there, and for him too. He could work and earn her minimum earnings requirement too, as well as his own minimum earnings requirement.
Or you can work when your partner is at home to - collect your children from school/in the evenings or weekends. That's what parents did a few years ago when they needed more money, as there were no benefits for parents who didn't want to work then.
Are you saying that you tried to claim benefits as a single person, when you have a partner in your household?Cleo22 wrote: ↑Sun Jan 20, 2019 8:30 pmHi there,
I am asking this question for a friend, an EU national. She has been living in this country with her two children, 9 and 3, for some time now and with her partner, who is self-employed. The partner isn't her husband or the father of the children but they have been living as a family and raising the children together. She's worked up until late in 2018, when the children arrived to live with them.
The lady has successfully passed HRT - the so called derivative rights, to protect her children in education. The letter also reads that any such periods do not count towards the 5 year qualifying period needed to acquire permanent right of residence. The letter is dated 31 Dec. 2018.
The next letter n January, also called HRT notification, is telling her that she is not entitled to UC because they
quote, bold theirs
"have decided that you are a jobseeker. For Universal Credit purposes you have a right to reside as a qualified person as defined in Immigration (EEA) Regulations 2016 but that right is excluded for the purposes of awarding Universal Credit.
This means that you are a person who must be treated as not it Great Britain. Therefore, you do not have any entitlement to Universal Credit at this time.
If your circumstances change, you can make a new claim.... " etc.
Unquote
Is this correct - practically, it looks as if the mother won't receive any payments as she is treated as a jobseeker although she can't practically look for a job or work as the child is too young and there are no places even in nurseries so she looks after it and the other child. She explained that but no one seem to be interested. Is there anything that the couple can do? Thanks in advance.
Of course not.JB007 wrote: ↑Tue Jan 22, 2019 3:05 pmAre you saying that you tried to claim benefits as a single person, when you have a partner in your household?Cleo22 wrote: ↑Sun Jan 20, 2019 8:30 pmHi there,
I am asking this question for a friend, an EU national. She has been living in this country with her two children, 9 and 3, for some time now and with her partner, who is self-employed. The partner isn't her husband or the father of the children but they have been living as a family and raising the children together. She's worked up until late in 2018, when the children arrived to live with them.
The lady has successfully passed HRT - the so called derivative rights, to protect her children in education. The letter also reads that any such periods do not count towards the 5 year qualifying period needed to acquire permanent right of residence. The letter is dated 31 Dec. 2018.
The next letter n January, also called HRT notification, is telling her that she is not entitled to UC because they
quote, bold theirs
"have decided that you are a jobseeker. For Universal Credit purposes you have a right to reside as a qualified person as defined in Immigration (EEA) Regulations 2016 but that right is excluded for the purposes of awarding Universal Credit.
This means that you are a person who must be treated as not it Great Britain. Therefore, you do not have any entitlement to Universal Credit at this time.
If your circumstances change, you can make a new claim.... " etc.
Unquote
Is this correct - practically, it looks as if the mother won't receive any payments as she is treated as a jobseeker although she can't practically look for a job or work as the child is too young and there are no places even in nurseries so she looks after it and the other child. She explained that but no one seem to be interested. Is there anything that the couple can do? Thanks in advance.
Unless the law say that those on Derived rights don't have to work in UK and can have benefits from the UK, I'm not sure what she can do.Cleo22 wrote: ↑Sun Jan 20, 2019 8:30 pmThe lady has successfully passed HRT - the so called derivative rights, to protect her children in education. The letter also reads that any such periods do not count towards the 5 year qualifying period needed to acquire permanent right of residence. The letter is dated 31 Dec. 2018.
Has you friend looked into the above?