Help !! EEA4 refused due to Maternity allowance

[HenryC]

Dear Forum,
I need your help, I will try to summarise my situation.

Application for EEA4

Me: applicant
my wife: European Citizen from Slovakia
status:refused
Reason: It is shown on the bank statements transactions of around £500 of Statutory Maternity Allowance in the period where you have stated your EEA family member as "self sufficient". As she was receiving public fund it is not considered to be self sufficient.

Maybe my fault, basically I've included the period of when my wife has been on maternity leave as self sufficient, so I am not sure whether this period , when she has getting benefits(6 months) , should be mentioned as employment? She got the letters from revenue and customs.

Should I send the consideration letter and appeal?
Which grounds can I mention?
Please help ,it is the third time I have refused, I believe I am finally getting there.

Thank you!!

[Obie]

I think you should appeal. The decision is wrong and not in accordance with the law.

The Statutory Maternity pay does not deprive her of the status as worker. Did she return back to work?

[HenryC]

Hi Obie,
no,she didn't come back afterwards, but during this period I've been working (prove of income (P60's,payslips,etc and also health insurance has been provided).
My concern is that I've included the dates of when she was on maternity as "self sufficient". Now I learn that during this period she can be considered as employed. My question is if I could request a reconsideration although the dates initially stated are not accurate.
Thank you

[Obie]

The difficulty is, UKBA are saying she is in receipt of benefit, dont consider her as worker or self sufficient.

They are clearly wrong for the reasons I have given, but they hardly change their decision in these circumstance, partly due to pride and arrogance.

You could try, but I will not hold my breath on reconsideration.

[HenryC]

Hi Obie,
I see, maybe a fresh application could be an option?
By the way,it took just a month to provide a decision.
Thank you.

[Obie]

It is open to you to do that, but given the previous refusals and their reasons, not sure of the chances of success. But I wish you all the best with it.