Family member of EEA national claiming child benefit in past

Hi,

my wife is malaysian. I am an irish citizen. My wife and i have lived here for about 6 years now and thought we'd get round to applying for EEA(PR). She has had valid residence cards throughout, and her current one runs out in 2018. Other than this one question, i think we've got everything else ok.

In the form, it asks if either of us have ever claimed child benefit. For a period before the income limit came in, from march 2011 to january 2013, my wife did receive child benefit. During this time, she was only employed from about May 2012 to January 2013, although she was claiming Maternity Allowance until May 2011.

The gov.uk pages state that you qualify (https://www.gov.uk/child-benefit/eligibility) to claim child benefit if you have the right to live in the uk and the "right to reside" criteria state (https://www.gov.uk/right-to-reside) "If you [as an EEA national] have the right to reside your close relatives also have the right to reside". So it would seem that family members of EEA nationals have the right to reside and therefore the right to claim. Her residence card does NOT have any reference to being allowed or not allowed to call on public funds.

My question is - will this be a problem in her application? Or should she continue to apply for residence cards (which don't ask about claiming child benefit)

It is my view that it shouldn't affect your application as I have once been adviced. However I don't have any law that backs that up, you have the statute/act and may use it to appeal should your spouse be denied PR.

You may want to check the 'claiming benefit' section of the board for more info.