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Forum Home  →  Discussion  →  Income support, JSA and tax credits  →  Thread

EEA National been in the UK 17yrs - GPoW

WBrame
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Money Advice, Ipswich Housing Action Group

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Total Posts: 23

Joined: 31 August 2010

Hi

I have a client who has been in the UK since 1998, she initially came over with her partner and her daughter (1yrs old), she worked on and off from 1998 to 2005. (Partner is long gone and daughter is now 18 and had been in care until recently, she works part time).

In 2005 she got ill and was sectioned, she has been diagnosed with Schizophrenia and up until recently she was on medication but now she has decided that she is not ill and has stopped her medication.

She was awarded DLA in 2005 and once out of hospital claimed JSA. She has managed to keep JSA since then, her only gap was last year when her JC+ adviser told her to claim ESA as she had a bad back. This was refused as no permanent right of residency so she went back on JSA.

She has just had her GPoW and has failed it. Her JSA has now stopped and her HB is suspended (with a view to it being cancelled).

The chances of my client getting a job are quite slim and I have suggested that under the Mental Health Act they have a duty under section 117 but client does not want me to contact them as she has not attended any appointments with them since October 2014.

What options do I have for her? Surely after all this time she has permanent right of residency? Could she apply for the permanent right of residency card and then she could apply for ESA or am I very wide of the mark?

Client has a sister in this country who works 10hrs per week - she had a similar issue but has an English boyfriend who has moved in and claimed HB. No other family in this country except the daughter.

Any help appreciated as the client is very upset and says she cannot return to Portugal.

Martin Williams
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Welfare rights advisor - CPAG, London

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Just quote them the section of their own Memo- DMG16/15 that sets out they should accept that someone who was a jobseeker for 5 years has a permanent right of residence:

LONG-TERM JOBSEEKER
[...]
15     Where a claimant is relying entirely on a right to reside as a jobseeker for the entire 5 year period for calculating permanent residence, it should be accepted that the immigration regulations1 would be satisfied in those circumstances. This is because an EEA national acquires the right to reside in the UK permanently, where they have resided in the UK, in accordance with the immigration regulations for a continuous period of 5 years. Where a claimant has been awarded JSA(IB) on the basis of having a right to reside as a jobseeker, it should therefore be accepted that their continuous period of 5 years of pure jobseeking, would be sufficient for the acquisition of permanent residence.

Martin.

WBrame
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Money Advice, Ipswich Housing Action Group

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Total Posts: 23

Joined: 31 August 2010

Thanks Martin.

I had seen that in the Guidance but assumed (wrongly obviously!) that the DWP would have considered this!!

Do you think the client could claim ESA instead or is her permanent right of residency for JSA purposes only?

Edmund Shepherd
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Tenancy Income, Royal Borough of Greenwich, London

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To pre-empt a response, a permanent right to reside is not limited to a specific benefit, even if it was obtained via receipt of JSA only. So, a PRR obtained via being a jobseeker covers the right to reside test for all benefits.