Derived r2r via Teixeira, Article 12 etc.
All I can say is that the concession as it was put to me following my case was to my argument, which was the same as Tbidmeads that “a person is an exempt person if he has a right to reside other than a derivative right, not if he might have such a right to reside”. My client had claimed ESA but had broken the link with the labour market, so I had not argued she was a qualified person on the basis of temporary incapacity.
I pushed the DWP’s argument that my client can and should apply for JSA to ascertain whether she had a right to reside as a jobseeker (and as she would have achieved jobseeker status she was an exempt person) to absurdity by saying: is my client expected to apply to every college in the land to see if she has a right to reside as a student also? Of course not. The tribunal agreed with me. That what was conceded to me by the PO when she informed me of the DWP’s later change of position.
For info, Department has requested SoR in our case.
I’ve got the SoR in my case. Will be doing the book work tomorrow.
Have just confirmed that DWP not appealing decision in our case + IS has processed payment.
Nice one Tom ;)
LTA granted on mine and UT1 on it’s way echoing the point in post 13. Thanks for that Tom.