Hello Folks.

I know it's late on Friday, so i'm not expecting a response today - but if anyone could mull this over I would appreciate it.

Client is a Portuguese National. Has been in the UK for 9 years. Has worked on and off for the vast majority of this, but due to ill health has not worked for the past 18/24 month's, being supported by friends and charities.

Client made a claim for IB in 2006 and was awarded NI Credits only. The client then made a further claim for IS and ESA in September of this year - both were turned down.

The IS claim was refused because Wick have deemed him as being a 'person from abroad' and failing the RTR and HRT tests.

ESA was refused because he still has a 'live' IB claim.

I'm a bit puzzled as to how they have come to this decision, and would welcome any thoughts.

Jackie

If the Incapacity is temporary then I see no reason why Art 7(3)(a) dorective 2004/38/EC should not apply to allow him to retain worker status (Para 6(2)(a) of the 2006 Regulations).

You may also wish to argue permanent residence as under Art 16 as he appears to have been here greater than 5 years.