good tuesday morning hello all
and would just like to run this past a few brains to see what they think ?

cl. is french national, been in uk for 19 years.
prior to coming to uk he worked and paid tax / n.i in france.
he has worked very briefly in uk since arrival and is unsure whether he can prove he paid tax / n.i in this country.
on arrival in uk lived with wife who is a uk citizen, but they have been separated for approx. 9 years.
no children.
on 19/12/08 claimed p.c as aged 60.
prior to this he had been receiving j.s.a until 27/10/08 when this ceased because cl. failed to take part in new deal scheme.
can we argue cl. has r2r on following grounds :
cl. is eea national and has been economically active in another eea country, and also the uk, paying tax / n.i in uk.
the length of time been in uk.

thanx for any thoughts on this ...

pete

i've just had a thought myself

could he hust reclaim j.s.a and receive this because he is economically active.

pete

have a good weekend all !

I wondered about this - after all just because you are 60 doesn't mean you have to claim SPC.

top of the week to thee ariadne2, and hope my note finds you happy and well, and as ever many thanx for your thought re : my query

yeah, i've advised cl. to reclaim j.s.a, h.b / c.t.b, but still feel that the p.c decision should be appealed in the meantime, wotcha reckon, any thoughts ?

cheers and have a very good week ...

pete

good wednesday afternoon howdo !

just to let you know ariadne2, cl. j.s.a claim successful and been awarded it at p.c rate of £124.05 pw, so hopefully h.b / c.t.b will follow suit ?

still going to appeal p.c r2r decision but i feel it's going to be difficult because cl. cannot show he has ever been economically active here.

hope your week going well ...

pete

Could he not ask HMRC for his NI records?

Could he fit into the early retirement catagory of reg 5 of the Imm(EEA) Regs 2006 / Article 17? Periods of registered involuntary unemployment count as periods of employment and although not retirement age there is an early retirement provision.

In terms of proving his employment if nothing else eg. if the firm is gone, their records destroyed and he was always earning just under the lower earnings limit (or the firm fiddled the NI) there is always his own evidence which a tribunal will have to weigh up for credibility. The clearer and more detailed information he can give the better.

If he is still married to a UK national he doesn't even have to meet the requirements of periods in work / residence: Reg 5(6) / Artricle 17 para 2