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.
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?
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.
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