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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Regulations for permanent right to reside for ESA are entirely different to those for JSA - apparently….

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Welfare Rights Adviser - Southwark Law Centre, Peckham

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....or so I am informed by the bods on the escaltion numbers at Hanley BC.

Client failed GPOW test for JSA last May and due to her understandable confusion about what might be relevant information when she’s been in the UK since 1995, was unable to supply this when pursuing her own MR…..

......She’d since become ill and the appeal I submitted was so late that I couldn’t be sure it would be allowed to proceed, so I’d assisted her to bung in a new ESA claim to at least guarantee appeal rights on that claim. But my late appeal was lapsed at the start of February this year when Inverness DRT conceded that she has a permanent RtR and is thus exempt from the GPOW test.

But this is apparently irrelevant for the purposes of ESA - different regs entirely…..

(can we have a roll-eyes smiley?)

Ruth Knox
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Vauxhall Law Centre

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What do you mean?  I can’t think of a single set of circumstances in which this could be right.

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Welfare Rights Adviser - Southwark Law Centre, Peckham

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Neither can I - that’s my point.

John Birks
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Welfare Rights and Debt Advice - Stockport Council

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I shouldn’t read anything too much into information given by a person in Stoke.