Child care support

Hi
I recently applied for UC credit so I can get support for my son who will be 2 in April to attend nursery. Am married to an EU citizen but presently we rarely separated. Have been in this country for a continued period of 4 years n my child was born in this country. I was told I failed the habitual Residence Test and so I cant claim for UC.
My salary is less than 22000 per annum and I cant afford to pay for nursery. I live alone in a private rented apartment n pays all the Bille myself.
Please can I get any advise on what to do. Am on a residence permit dependant of an EU citizen which expires 2022 and my Son has got a German passport. I dont get any support from my partner and we dont keep intouch.
Thanks

How old is your child? What is the status of the EEA National Mother? Are you married?

My child is 1yr 10 months and am a Nigeria. Yes I am married to his dad who is a German citizen. He moved to the UK 3 years ago from Germany.

You may continue to have the Right to Reside for the Habitual Residence Test in UC as the spouse of an EEA National, assuming he is exercising Treaty Rights in the UK, e.g. a worker. You can request a Mandatory Reconsideration of the UC decision by calling UC, this needs to be done within a month of the UC decision. You should supply evidence that you are married to an EEA National, evidence your husband is an EEA National and evidence he is exercising Treaty Rights e.g. where he works.

I.called UC and they still.insisted am not entitled to benefits as I dont have rights to.claim anything. I was told my EU national should claim for me but me are separated and dont get intouch. I submitted our marriage certificate and gave his NI with copy of his passport. I really dont know what to do now.

Abdulmuizz2018 wrote: ↑

Mon Jan 20, 2020 4:46 pm

I.called UC and they still.insisted am not entitled to benefits as I dont have rights to.claim anything. I was told my EU national should claim for me but me are separated and dont get intouch. I submitted our marriage certificate and gave his NI with copy of his passport. I really dont know what to do now.

I explained what to do, call UC and request a Mandatory Reconsideration, they cannot refuse. Also, contact Citizens Advice help to claim -

England: 0800 144 8 444

England textphone: 18001 0800 144 8 444

Wales: 08000 241 220

Wales textphone: 18001 08000 241 220

Scotland: 0800 023 2581