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Top Income Support & Jobseeker's Allowance topic #4121

Subject: "A8 national and sickness " First topic | Last topic
ASH
                              

Welfare Officer, St Christopher's Hospice, South London
Member since
06th Jan 2005

A8 national and sickness
Thu 14-Jun-07 03:45 PM

Is there any point in appealing a decision not to award Income Support to a Polish national. She has been here for years but only legally registered her work last June. She went sick in September and was granted DLA and HB for the period of her SSP. SSP stopped in Feb and she made a claim for IS. Was refused of course.

  

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Replies to this topic
RE: A8 national and sickness , T Samuel, 15th Jun 2007, #1
RE: A8 national and sickness , ASH, 18th Jun 2007, #2
      RE: A8 national and sickness , T Samuel, 18th Jun 2007, #3

T Samuel
                              

Freelance trainer, Freelance trainer, London
Member since
04th Nov 2005

RE: A8 national and sickness
Fri 15-Jun-07 04:49 PM

Is the case one where it would be disproportionate to deny her benefit - see CIS 3182/2005.

There is no derogation in the Treaty of Accession from Article 18 EC and the consequent quesiton of whether she is an unreasonable burden on the state. Is there any reason she did not register the work done prior to last June?

  

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ASH
                              

Welfare Officer, St Christopher's Hospice, South London
Member since
06th Jan 2005

RE: A8 national and sickness
Mon 18-Jun-07 03:34 PM

There is no good reason work was not registered before last June, she just did not know she needed to be registered.
She will be a burden on the state anyway because she is dying. If the benefits system do not support her the local authority and then health authority will have to. Dignity and piece of mind better if the benefits system does.

  

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T Samuel
                              

Freelance trainer, Freelance trainer, London
Member since
04th Nov 2005

RE: A8 national and sickness
Mon 18-Jun-07 04:29 PM

Sorry should have seen where you worked. I would have thought a very good case could be made for someone who is terminally ill - especially if social services would be prepared to help and not send her back home to die. The issue here would be that she is a burden but is not an unreasonable burden. Of course the problem is the time it will take as it will probably have to go to tribunal

  

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Top Income Support & Jobseeker's Allowance topic #4121First topic | Last topic