Nonworking E8 with working non EEA national spouse claiming

[eda222]

Hi there.I am a bit confused regards to the benefits we can claim.

I am from hungary -I registered with the WRS in 2005 may, completed the 12 month and left my work at the end of 2008.I worked there legally 3.5 years.I had a baby and I decided to stay at home, looking after him, so after completing my maternity leave I resigned at the end of 2008.


I married my cuban husband and he arrived at the end of 2007.He was granted a 5 year resident card(spouse of EEA national).

Shortly after arriving he started to work.
his work history:
-worked------november 2007- march 2008
-out of work -------- march 2008- sept 2008
worked ----------oct 2008- jan 2009
claimed jobseekers allowance - const. based -----march 2009- dec 2009
ongoing work from---------- jan 2010-ongoing

When my son was born march 2008, we started to claim tax credits and child benefit.
From the end of 2008 we also started to claim housing benefit.
We applied and we were granted it so did not complain...

however recently started to think if we are still eligible to do so???
I am the European national, and I am not working for about 2 years now.My husband is my non eea spouse and he is the one who provides for the family.
-Do we still have the right to claim tax credits, child benefit and housing benefit?

-I am having another baby soon so planning to go back to work in a year.
My husbands resident card runs out in 3 years time...can he have trouble renewing it because of the benefits?

I am sorry if it is a bit confusing, I tried to write it down in the most simple way.I hope someone can help me!!!Thanks

[eda222]

Anyone out there?I am really confused now..Any advice or response would be great..

[eda222]

could anyone help me please...I am really scared now, I would be happy with anyones answere...

[86ti]

I think you should be fine with all the benefits but one question is how you have been exercising your treaty rights since you have left work. You obviously had no income in the period from March 2009 till Dec 2009 but you claimed for JSA (which one?).

[eda222]

Hi, thank you so much for your response.The first time he had no jobs we were supported by my parents.
The second time he was unemployed he received constribution based jobseekers allowance in the meantime and that was our income.

What I am worried about is that we live on my husbands income and he is cuban.I am hungarian and I should be the one practising treaty rights..
He is the worker I am the one looking after our son.

So are we in the wrong having child benefit and tax credit paid to us for the last 2 years since I stopped working?
Can I still say that I am self sufficient living on my husbands wages and claiming housing benefit?
I am really worried that we receive money we are not entiteled to!
ps:I always informed the tax office and housing office regarding our changes of circumstances!

[86ti]

As a worker you can, of course, claim all this benefits. But since the time you were not working anymore the situation has become more complicated. To be self-sufficient you would have to have first comprehensive sickness insurance for all of you. Claiming benefits is not completely ruled out if you are not an 'unreasonable' burden to the social system, see Chapter 12 of the ECIS. The first period of your husband's unemployment (march 2008- sept 2008) is irrelevant as you were still working/on maternity leave during that time as you said. The problem may be the longer second period of last year. Tax office or housing office may have a different opinion from HO.

[eda222]

Thanks for the link!
I am searching the net for all my questions and my situation seems to be complicated.
I am not an immigration or benefit officer to understand all these regulations and see if what exactly can I do..
Afterall if I have a change of circumstances they should know if it effects me being eligible.
I do not feel like an unreasonable burden on the state.My husband works full time now, what a shame he is not european...

I am just so scared!I can have my baby any day now and all I can think of is what to do regarding this situation.