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I have a client with Dutch nationality who came to the uK at the begining of April 04 as a work seeker but did not claim benefits here at that point as he was living off his savings and supported by his sister. He has no evidence that he was seeking work at that stage, as it was just though informal somali community routes, not agencies or cvs etc. He had always worked full time in Holland, paid social security and had never claimed benefits there.
he kept looking for work (tho there is no evidence until he became ill in Nov 04 and applied for Income support on the grounds of incapacity. He was refused on HR grounds. He reapplied in March 05 and was refused on R to R grounds. in his applications he stated he was not a work seeker and was ill.
we are appealing against both refusals (separately) on the grounds that
i) he had by Nov 04 established HR, so was entiteld in first applicaction and couldn't be 'treated as HR' for R to R purposes for the 2nd
ii) that in any event he had entered the country as a work seeker before the 30th April at which point he would have been eligible for JSA had he claimed it and is therefore covered by the transistional arrangements as regards r to r
iii) it is discriminatory under EA regs not to allow him incapacity benefit.
- but we wondered if it would be appropriate to simply apply for him to receive and import his dutch social security entitlement and if so how we go about it...we've never done this and don't know how. please excuse my ignorance. Does any know/ have any info/ think this is a non-starter
does any of that make any sense? Thank you in eager anticipation of advice
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