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Top Income Support & Jobseeker's Allowance topic #239

Subject: "Habitual Residence - Collins Case" First topic | Last topic
keith venables
                              

welfare rights caseworker, leicester law centre
Member since
22nd Jan 2004

Habitual Residence - Collins Case
Fri 02-Apr-04 02:04 PM

I've just won a tribunal, which awarded my client JSA from the day after he arrived in the UK for the first time. Client is a German citizen who arrived in the UK 31 July and claimed 1 August. Claim was refused in October on HRT grounds. He was awarded JSA on a later claim in December following a short period of work. Normally I'd have been satisfied if the appeal had been allowed from the date of the DM decision in October, 2 months after he arrived.

I sent the chair a copy of the Euro Court decision in Collins yesterday, together with a letter suggesting that if he couldn't allow it on the facts he should adjourn to await the Commissioner's decision in Collins . The Chair felt that the Commissioner is bound to decide in the claimant's favour, and allowed the appeal from the date of claim.

Keith Venables

  

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Top Income Support & Jobseeker's Allowance topic #239First topic | Last topic