Hi all,

I wonder if people could let me know about cases where the DWP argue before the tribunal that in order to have a right to reside on the basis of being self-sufficient a person must have private health insurance (this perhaps more often arises in cases where permanent right of residence is at issue and the argument requires the person to have been self-sufficient for some of the 5 year period).



In my experience the DWP argue this very strongly before the Ft Tribunal but seem to be conceding before the U Tribunal that a person who is covered by EC Reg 1408/71 in effect has comprehensive sickness insurance and so meets that part of the requirement for self-sufficiency.

It is obviously annoying for the SSWP to take different positions at different levels of cases but there we are....

It would be useful to know how often this is happening.

All the best.

Martin.