We are both EU nationals residing in the UK for nearly 6 years. During this period we were working or both of us were full time students (last year)
My ex partner is a lone parent caring for our two children age 9 and 7. He is a full time student. We are separated and do not live together, and I work full time.
He has been refused housing benefit by our local authority who said he is not entitled to is as "a person from abroad" and because he is an EEA National student (as in a student who has an A8 Nationality).
We believe he is entitled to housing benefit because:
He is a lone parent
He is a full time student (classed as UK Home)
He is a permanent resident in the UK
What the LA is saying is that the fact that he is an EU student is more important than my ex-partner's permanent residence and that they won't budge.
Is this correct?
If it is correct which act/ruling/case etc says that being a student is more important than being a permanent resident?
Or, could he approach them from a different angle, that he is entitled to Housing Benefit because he is caring for children of a migrant worker/permanent resident?
Any help much appreciated.
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