At a meeting of a local advisers network group we discussed a number of options to enable people with carer responsibilities( mainly mothers of young children) to access benefits denied under the auspices of Right to reside decisions. This was an attemt to seek short term solutions as it would appear any appeals may take along time to finally resolve.

The suggestions were:
seek very part time work, we are not aware of a minimum period or number of hours.
Self employment, mutual arrangements with others may be possible.
Backdated claim where claim could have been prior to change of law.
Expedited appeals.
Any suggestions greatly appreciated.

This is an issue that lots of advisers have rung us to discuss.

Our suggestions so far have been to establish a right to reside by becoming a work seeker and claiming IBJSA or for clients to take up part time work and so gain a right to reside as a worker.

But we are looking forward to lots of caselaw on the definition of right to reside ...

Basically we've been advising the same.

We've had one case where the client was only working 6 hours per week where they accepted she was a worker and paid IS. The european caselaw I have seen concerned someone working about 12 hours a week and accepted that was enough. Can't remember which case it was and it's not to hand, but it's discussed in Mesher. There must, I think, be a point at which a very part-time job wouldn't be enough to show you were a worker, especially if it only lasted for a short time.

We've also had cases where IS has been refused on right to reside, but child tax credit/child benefit have been awarded. I'm not clear why the Revenue would take a different view to DWP, but I'm not going to argue with them!

Incidentally, our local housing department initially applied a very literal reading of the EU directives to refuse homelessness applications on the grounds that workseekers only had the right to reside if they stated this when they entered. We persuaded them otherwise, using euro caselaw, but it may crop up elsewhere.

was R(IS)/12/98 the cd you were thinking of ?