spectacularly confused

[Jepa]

I spoke to an adviser on the UKBA helpline a few days ago in relation to my husband who is an EEA family member,claiming Housing Benefit and a making an application for permanent residence. They told me that an EEA family member is entitled to claim HB and as long as its only a top up to help cover rent,he works full time, this is perfectly fine and would not negatively influence any application for permanent residence.
OK, so I have just been speaking to someone else on the UKBA Helpline and when we got round to this issue they told me that claiming HB is breeching treaty rights and it would therefore be impossible to get PR and that my husband would need to apply for another residence card and apply for permanent residence only when he has 5 years clear of claiming HB.
Please help me somebody please, I'm going round in circles and beginning to get a bit dizzy !

[sagareva]

why do you keep ringing ukba, the usually have people answering phones who have no clue what they are talking about

and of all things they arent experts on treaty rights!

as far as treaty rights go, he is excercising them so long as he works

HB should be fine as a top up

i am with the first person you spoke to on this one

once he is excercising treaty rights by working, no matter how much he earns, he is within his full rights to claim anything

i am not a benefit expert but that is what i understand

[vinny]

See also Existing EEA migrants at risk of destitution following the removal of Housing Benefit.