Hi all..I have a client who is from Latvia. (A8 national)..She has lived here for three years and is registered with the home office. She has worked for two years and is a lone parent with a child of 4 years of age. She has been made redundant and has claimed Income Support (3 months ago) as a lone parent.. She has been refused with the one liner decision stating that she is a ''person from abroad''.She was verbally told that its because she hasnt lived here five years, however she has been verbally told that she could claim JSA,as she could qualify for this. She has asked for a written statement of reasons and is appealing the decision. It seems they quoted 21AA 1 and 2 of the 1987 IS regs, Regs 4 and 5 of the Accession(Immigration and Worker Registration Regs ad Regulation 6 The Immigration European Economic Area Regs 2006.. Has anyone any ideas on this?

Fundamentally she is in the same position as any other EU national who has not yet acquired the right of permanent residence, in that she can only have a right to reside as a worker, not as someone who is economically inactive.
What prat at the Jobcentre told her to claim IS? She should have been told to claim JSA and I would make a very strong complaint and be looking for compensation. Bang in a claim for JSA pdq and ask for max three months backdating on the grounds that she was misled by JCP advice that she could only claim IS.

Thank you Ariadne for that advice. I will certainly follow this up.