Hi

My client came to the UK from Jamaica with his father when he was 11, over 38 years ago, on April 1970, he has been living and working here ever since.

Few years ago he wants to travel to Jamaica, when home office said he has no live to remind and was on temporary admission, was request to report to home office every months. (Has been granted indefinite leave to remain on 7th April 09)
In September 2008 he had injury at work and claimed SSP and housing benefit. Housing benefit was refused due to his temporary admission.
We want to do an appeal and believe it may be there is some entitlement under human rights and he in fact did hold ILR although not the papers.

Your help and advice will be appreciated.

If your client was a 'person subject to immigration control' (someone who requires leave but does not have it) then the HB decision is correct. In order to confirm that, I think i would be seeking an opinion from an immigration expert regarding your client's status - especially given his arrival at such a young age and so long ago. Under the circumstances, and if your client was indeed a PFA, I wonder if there would be much mileage in asking the council, and then the Secretary of State, for extra statutory payments to compensate for something which cannot clearly be your client's fault.

Sorry, but any HRA arguments on this point are beyond me.

Did you find anything out about this Nazira ?

Did the appeal on grounds of immigration act 1971, went back to his father's status, which means the client had right of abode and he was a Commonwealth citizen with a parent who, at the time of his birth was citizen of the UK and Colonies.

I also request an extra statutory payment to the date of his first claim.

The more rarefied bits of domestic immigration and nationality law do tend to leave the DWP and local authorities behind, I must say. Too often they don't look behind the social security rules.

Again thanks for the PM Nazira