Hi all
has anyone any information on appeals against refusal of JSA on hab res grounds for A8 nationals

my family hvae been here for 6 years. they are asylum seekers and have had transitional protection so were on income support until may 2004. they have lost that after 1st May and have no income at all as the JSA have of course refused them.

they can't find work because they do not hae a passport and none of the local agencies will touch them!

any ideas on how to appeal? i think it must be ilelgal under european rules but have not found anything on this yet...not had time to look actually!

thanks
elane

OPPS...HAVE SEEN THE INFORMATION POSTED EARLIER ON RTICLE 18 OF THE eu BUT ANY FURTHER ADVICE WOULD BE GREAT!

May be a simpler route.

Reg 6 of The Social Security (Habitual Residence) Amendment Regulations SI 2004 No 1232 potentially provides for transitional protection for your clients. Unfortunately transitional protection doesn't extend to CB or CTC.

Sorry realise that statement about transitional protection of CB and CTC is too broad -

transitional protection doesn't seem to extend to claims for CB and CTC made after May 1st - so an EEA national who claims and is awarded JSA or IS prior to May cannot use the transitional protection regs to establish a claim to CTC or CB if they claim these after May 1st. So client such as mine who was on IS on grounds of pregnancy prior to May 1st and had the baby subsequently will face the right to reside test for CB and CTC.

All of my family's continue to be supported by LA under interim provisions - is this what you mean by your second posting?

Whether they are NASS or LA people they ought to be able to benefit from the recent guidance issued by the HO.

Details about this are on this site, including the guidance mentioned above.

Wonder whether we are at cross purposes.

The case this string started with concerned former asylum seekers from an A8 country who were on benefit. Their only protection that i can see comes from the transitional provisions in the newest HRT regs.

The stay of execution from the High Court action at the beginning of May relates to NASS and LAs are following this.

One problem is that we are nearly at the end of the 3 month period that counsel apparently argued was a resonable time to find work. The Judge stated he expected A8 nationals to be looking for work during the adjournment, if they could.

My understanding is that there is not currently a moratorium from either NASS or LAs. Whether support is being terminated depends on an assessment of each case (eg whether the family come within the ILR project or whether termination would lead to Convention breaches.)

This certainly seems the to be the guidance given to NASS caseworkers on 24.6.04