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Top Other benefit issues topic #3436

Subject: "right to reside ? ? ?" First topic | Last topic
Sayo
                              

Welfare Benefits Case-Worker, Maidstone Citizens Advice, Kent
Member since
02nd Nov 2004

right to reside ? ? ?
Tue 03-Jun-08 02:09 PM

hello RIGHTSNET !!!
just a little query re : R2R which has come up over the past several weeks so here goes ...
in the past several weeks we at citizens advice maidstone have noticed that eu nationals are having to go through the R2R to claim j.s.a or i.s after ceasing work, even though they have been in the u.k for a number, or MANY years, and have proved their R2R already ! ? some of these cl. have previously been in receipt of means tested benefits, ie : one cl. has swapped her j.s.a claim to i.s and has failed the R2R ... WHAT IS GOING ON ??? any answers or thoughts would be greatly appreciated by me and my learned colleague )

also : do eu nationals who are lone parents have to claim j.s.a rather than i.s as an a8 or a2 nationals does to show they are economically active ???

hope all good wherever this is read.
p )

  

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Replies to this topic
RE: right to reside ? ? ?, ariadne2, 03rd Jun 2008, #1
RE: right to reside ? ? ?, Sayo, 04th Jun 2008, #2
      RE: right to reside ? ? ?, Tony Bowman, 04th Jun 2008, #3

ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: right to reside ? ? ?
Tue 03-Jun-08 07:53 PM

Hiya Pete

How's about "incompetence"? DWP decision makers don't always get the 5 year rule right, and are singularly hopeless at (especially) Maltese and Cypriot claimants who have lived in the UK since long before Malta and Cyprus joined the EU. It's as if they see "EU national" and forget all about domestic immigration law rights.

Some of your bods may well have previously claimed benefits before the 2004 changes - see the line of discussion about whether you can be a jobseeker and claim IS on the IS/JSA thread.

However it is true that the conventional view is that EU nationals have the right to claim JSA only, unless they are in some category of "qualified person" such as a part-time or temporarily incapable worker or resident over 5 years, in which case IB becomes feasible. If they just leave the job market, which is what most lone parents do, they don't fit into any category of qualified person. Subject, of course, to the ever-decreasing authority of Baumbast, which is getting itself "distinguished on the facts" left right and centre.

  

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Sayo
                              

Welfare Benefits Case-Worker, Maidstone Citizens Advice, Kent
Member since
02nd Nov 2004

RE: right to reside ? ? ?
Wed 04-Jun-08 08:22 AM

hi ariadne )
and hows you ?
further to this thread we have found something that has said that a person retains the R2R if they were a worker and have a child in education, what do you reckon to that !?
and as ever ta for your thoughts, and have a splendid day.
p )

  

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Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

RE: right to reside ? ? ?
Wed 04-Jun-08 12:37 PM

Have a look at this thread.

Enjoy!

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=103&topic_id=3424&mesg_id=3424&page=2

  

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Top Other benefit issues topic #3436First topic | Last topic