Can I claim income support?

[muslimgal]

Hi,

Im unsure about this, can I apply for income support as me and my EEA partner have separated and living separately, I have 2 young kids 5 and 3. I do not want to apply to JSA as I would have to sign every 2 weeks...plus having 2 kids and childcare is not easy. Im I entitled to income support, I have a 5 year residence card (married partner). Kindly answer. Thank you.

[Obie]

If your husband is a migrant worker and he ceased from being a migrant worker after your children started attending school, then you are allowed to claim income support, as you have a right under Regulation 492/2011 to do so. I hope the children are EU kids and they are attending school in the UK.

[muslimgal]

Thank you so much.

Hes working full time, im not sure what "migrant worker" means im not sure if he has ceased being one either....however, hes being working for the last 6 years in the UK, hes Portuguese...

My kids haven't started school yet.

I guess I cant claim then huh? Please clarify....

But I can claim JSA right?

Thanks for your help.

[Obie]

If he has worked in UK for 6 years then, he has acquired the right of PR.

You 5 years old should be in school now, reception at least. I am surprised that he/she is not. Are these kids in the UK, do they hold Portuguese nationality?

If you could prove that father has acquired PR, then you will qualify, if they are attending school in the UK in the UK.

JSA will be fine, but it all depends if you can prove your husband has a right of residence in the UK. If you can't it is difficult to see how you will qualify.

By right of residence, i mean to prove he has worked in the UK for 6 years, or is working.

[muslimgal]

Thank you.

He will be 5 in march, we have recently moved from where we used to live as family, ive only being in this area for just over a month since our separation. Im currently living in a temporary place thats why he hasnt started yet. Yes the kids are here living with me. Its difficult trying to find a place to live, trying to see if council will help but getting no where, currently living with friends so might have to transfer to a refuge soon. Cant put them into school without having even a temp accommodation.

Yeah I can prove hes worked for 6yrs in the uk....and still is.

Thanks so much, things are alot clearer. You've being very help.

[muslimgal]

It seems I will qualify for the income support. I applied and received a call today to go and submit my marriage certificate and give details about my x work. She says from what I told her ie hes being working for 7 years this january in the uk and still is and we are not divorced. Im really happy.