I have a Polish client who did a years registered work on the Workers Registration Scheme. He then claimed JSA and was initially refused because he failed the HRT. This was over-turned when it was pointed out he had done his years registered work.

He is now ill and has put in a claim for ESA, and again failed the HRT. He has appealed the decision, again pointing out his years registered work. While this is ongoing he has made a rapid recalim for JSA and applied for a Crisis loan to tide him over. This was refused and was told he was ineligible because as he had failed the HRT he was not entitled.

We have asked for a review, but in the meantime, does a failed HRT automatically mean no entitlement to a crisis loan?

unlikely to get crisis loan as failure of HRT means he has no Right to Reside. However, as he is ill he should apply to the Social Services under the National Assistance Act, 1948 section 21, as a "destitute person" whose destution is not of his own making.

whilst crisis loans are not subject to the R2R test ...

... you do have to be able to demonstrate that you will be likely to repay .. could this be the reason for the refusal? ... definitely worth pursuing ...

Thanks Shawn, but wouldn't they just argue that because he failed his R2R that he is a 'person from abroad' and not entitled to a crisis loan anyway?
The whole situation is very frustrating because failing him on the HRT was incorrect in the first place! By the time they get it sorted out he will probably be fit and well again!

mmmmm ..... had been looking in cpag which says -

'... someone who is a 'person subject to immigration control' can only get a crisis loan for expenses arising out of a disaster ...'

- and was working on the basis that your client is not a 'person subject to immigration control' ....

... however cpag source that from SF direction 16 which doesn't use the phrase 'person subject to immigration control', but instead says -

'A social fund payment under direction 3 shall be awarded only in order to alleviate the consequences of a disaster where the applicant is ... a person from abroad for the purposes of income support, income-based jobseeker’s allowance or income-related employment and support allowance ...'

... which then begs the question of what is a disaster!

That's an easy one. It's not defined :

http://www.irs-review.org.uk/infocent/commad/d3em/d3emad.pdf

Where a word is not defined in legislation then statutory interpretation demands that it be: a) interpreted within the context of the regulation(s) as a whole: and b) be given its ordinary and everyday meaning. Recourse to a dictionary is not always necessary or sometimes even desirable.

However, The Oxford Illustrated Dictionary defines disaster as a “sudden or great misfortune” and emergency as a “situation or sudden occurrence demanding immediate action”. This corresponds fairly well with the commissioners’ interpretation and guidance on these matters and, of course, is a question of fact in each case often requiring creative and imaginative argument.

But, it is probably the uncertainty over his ability to repay it which will probably stuff him.