Help! We assumed that EU nationals who successfully claimed IS/JSA prior to 1st May 04 would have transitional protection, obviously not the case.

We have some clients who have switched from JSA to IS or vice versa for various reasons, and have fallen foul of Right to Reside.

Does anybody know whether they are entitled to transitional protection? What about HB? If we inform them of a change of circumstances then presumbaly it would be a continuous claim and the client would remain entitled to HB? That would effectively result in the client satisfying right to reside for one benefit and not another?!

Any ideas?

The case in question concerns a claimant who has been in the UK since August 03. Worked for a few months in the UK, not in any other member state. Claimed JSA after a few months, and was advised by DWP to claim IS because of health problems, and was of course refused.

I hope this query makes sense?!

Hi all. Sorry have just found the answer. Seems there is transitional protection for some. If you need the details, see the posting dated 01/10/04, right to reside. Thanks keith!

Here's the link to the earlier posting by keith venables concerning right to reside and transitional protection -

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=103&topic_id=698&mode=full#701

Hi all!

Can anyone tell me whether you still have a right to reside if you are a worker under reg' 1612/68 or has this government somehow managed to wriggle its way out of this obligation too?


Regards
Paul